Public Law 119-83 (04/13/2026)

20 U.S.C. § 6823

State and specially qualified agency plans

(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 and in such manner as the Secretary may require.

(b)

Contents

Each plan submitted under subsection (a) shall—
(1)
section 6824(d)(1) of this title describe the process that the agency will use in awarding subgrants to eligible entities under ;
(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)
section 6311(b)(2)(B)(ix) of this title the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in regarding assessment of English learners in English;
(B)
section 6311(b)(2)(G) of this title 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 ;
(C)
section 6824 of this title in awarding subgrants under , 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)
section 6824(d)(1) of this title subgrants to eligible entities under 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 chapter 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)
section 6311(c)(4)(A)(ii) of this titlesection 6311(b)(2)(G) of this title the State-designed long-term goals established under , including measurements of interim progress towards meeting such goals, based on the State’s English language proficiency assessment under ; and
(B)
the challenging State academic standards;
(7)
section 6824(d) of this title describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under ; 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.
(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.

(d)

Duration of plan

(1)

In general

Each plan submitted by a State educational agency or specially qualified agency and approved under subsection (c) shall—
(A)
remain in effect for the duration of the agency’s participation under this subpart; and
(B)
be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart.
(2)

Additional information

(A)

Amendments

If the State educational agency or specially qualified agency amends the plan, the agency shall submit such amendment to the Secretary.

(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 subpart.

(e)

Consolidated plan

section 7842 of this titleA plan submitted under subsection (a) may be submitted as part of a consolidated plan under .

(f)

Secretary assistance

The Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments.

Pub. L. 89–10, title III, § 3113Pub. L. 107–110, title III, § 301115 Stat. 1694 Pub. L. 114–95, title III, § 3003(d)129 Stat. 1956 (, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

section 3113 of Pub. L. 89–10section 6813 of this titlePub. L. 107–110A prior was classified to , prior to the general amendment of this subchapter by .

Amendments

Pub. L. 114–95, § 3003(d)(1)2015—Subsec. (a). , substituted “and in such manner” for “, in such manner, and containing such information”.

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

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

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

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .