US Codex
Bill
Notes

To amend the Elementary and Secondary Education Act of 1965 to provide for additional activities, resources, and data collection with respect to English learners, and for other purposes.

H.R. 3138 · 118th Congress · May 9, 2023 · Lineage

A BILL

Section 1 ESEA amendments

(a)
Improving the academic achievement of the disadvantaged— Section 1111(h)(1)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended—
(1)
by redesignating clause (xiv) as clause (xv); and
(2)
by inserting after clause (xiii) the following:

“(xiv) Statistics on the racial, ethnic, gender, and linguistic diversity of the elementary and secondary school teachers working in the State.”

(b)
Language instruction for English learners and immigrant children and youth—
(1)
Purposes of the English language acquisition, language enhancement, and academic achievement Act— Section 3102(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6812(2)) is amended to read as follows:

“(2) to assist all English learners, including immigrant children and youth—

“(A) to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet; and

“(B) to the extent practicable, in a manner that does not separate English learners from students who are not English learners;”

(2)
State and specially qualified agency plans— Section 3113(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6823(b)(8)) is amended—
(A)
in paragraph (7), by striking “and” at the end;
(B)
in paragraph (8)(B), by striking the period at the end and inserting “; and”; and
(C)
by adding at the end the following:

“(9) describe how the agency will monitor the progress of students who are former English learners and ensure that such students are continuing to meet the challenging State academic standards.”

(3)
Authorized subgrantee activities— Section 3115(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6825(d)) is amended—
(A)
in paragraph (6)—
(i)
in subparagraph (A), by striking “and” at the end;
(ii)
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
(iii)
by adding at the end the following:

“(C) to increase the access of English learners and immigrant children and youth and their parents to legal, educational, and financial resources and social services; and

“(D) to implement best practices aligned with evidence-based research to uplift English learners and immigrant children and youth.”

(B)
in paragraph (7)—
(i)
by striking “and” at the end of subparagraph (B);
(ii)
by redesignating subparagraph (C) as subparagraph (D);
(iii)
in subparagraph (D), as so redesignated, by striking “and (B)” and inserting “, (B), and (C)”; and
(iv)
by inserting after subparagraph (B) the following:

“(C) culturally competent and responsive training to educators, school administrators, counselors, social workers, and psychologists with respect to how to best support English learners and immigrant children and youth; and”

(C)
by redesignating paragraph (9) as paragraph (10); and
(D)
by inserting after paragraph (8) the following:

“(9) Supporting and advocating for the development of policies that improve educational outcomes for English learners and immigrant children and youth, regardless of immigration status.”

(4)
Activities by agencies experiencing substantial increases in immigrant children and youth— Section 3115(e)(1)(G) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6825(e)(1)(G)) is amended by striking the period at the end and inserting “, including services that provide for the assessment of State and local laws (including with respect to immigration and education) that impact English learners and immigrant children and youth and the notification of such parents and families of such laws.”.
(5)
Accountability and administration— Section 3121(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6841(a)) is amended—
(A)
in paragraph (2), by inserting “, ethnicity, race, and native language” before the semicolon;
(B)
in paragraph (3), by inserting “in the aggregate and disaggregated, at a minimum, by English learners with a disability, ethnicity, race, and native language” before the semicolon;
(C)
in paragraph (4), by inserting “in the aggregate and disaggregated, at a minimum, by English learners with a disability, ethnicity, race, and native language” before the semicolon;
(D)
in paragraph (5), by inserting “, ethnicity, race, and native language” before the semicolon; and
(E)
in paragraph (6), by inserting “in the aggregate and disaggregated, at a minimum, by English learners with a disability, ethnicity, race, and native language” before the semicolon.