§ 6914. Applications
(b)
State review and comments
(1)
Deadline
The State educational agency, not later than 45 days after receipt of an application under this section, shall review the application and submit the written comments of the agency regarding the application to the Secretary.
(2)
Comments
(A)
Submission of comments
Regarding applications submitted under this subpart, the State educational agency shall—
(B)
Subject
For purposes of this subpart, such comments shall address—
(i)
how the activities to be carried out under the grant will further the academic achievement and English proficiency of limited English proficient children served under the grant; and
(ii)
how the grant application is consistent with the State plan required under section
6311 of this title.
(c)
Eligible entity comments
An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.
(d)
Comment consideration
In making grants under this subpart, the Secretary shall take into consideration comments made by State educational agencies.
(e)
Waiver
Notwithstanding subsection (b) of this section, the Secretary is authorized to waive the review requirement specified in subsection (b) of this section if a State educational agency can demonstrate that such review requirement may impede such agency’s ability to fulfill the requirements of participation in the program authorized in section
6934 of this title, particularly such agency’s ability to carry out data collection efforts and such agency’s ability to provide technical assistance to local educational agencies not receiving funds under this subpart.
(f)
Required documentation
Such application shall include documentation that—
(g)
Contents
(1)
In general
An application for a grant under this subpart shall contain the following:
(A)
A description of the need for the proposed program, including—
(i)
data on the number of limited English proficient children in the school or school district to be served;
(ii)
information on the characteristics of the children, including—
(III)
achievement data (current as of the date of submission of the application) for the limited English proficient children in—
(B)
A description of the program to be implemented and how such program’s design—
(i)
relates to the linguistic and academic needs of the limited English proficient children to be served;
(ii)
will ensure that the services provided through the program will supplement the basic services the applicant provides to limited English proficient children;
(C)
A description, if appropriate, of the applicant’s collaborative activities with institutions of higher education, community-based organizations, local educational agencies or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.
(D)
An assurance that the applicant will not reduce the level of State and local funds that the applicant expends for language instruction educational programs or special alternative instruction programs if the applicant receives an award under this subpart.
(2)
Additional information
Each application for a grant under section
6913 of this title shall—
(A)
describe—
(i)
current services (as of the date of submission of the application) the applicant provides to limited English proficient children;
(ii)
what services limited English proficient children will receive under the grant that such children will not otherwise receive;
(iii)
how funds received under this subpart will be integrated with all other Federal, State, local, and private resources that may be used to serve limited English proficient children;
(h)
Approval of applications
An application for a grant under this subpart may be approved only if the Secretary determines that—
(1)
the program proposed in the application will use qualified personnel, including personnel who are proficient in the language or languages used for instruction;
(2)
in designing the program, the eligible entity has, after consultation with appropriate private school officials—
(A)
taken into account the needs of children in nonprofit private elementary schools and secondary schools; and
(B)
in a manner consistent with the number of such children enrolled in such schools in the area to be served, whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs, language, and grade levels that the program is intended to address, provided for the participation of such children on a basis comparable to the basis on which public school children participate;
(3)
(4)
Federal funds made available for the program will be used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals, and in no case to supplant such State and local funds, except that nothing in this paragraph shall be construed to preclude a local educational agency from using funds made available under this subpart—
(5)
(A)
the assistance provided through the grant will contribute toward building the capacity of the eligible entity to provide a program on a regular basis, similar to the proposed program, that will be of sufficient size, scope, and quality to promise significant improvement in the education of limited English proficient children; and
(i)
Consideration
In determining whether to approve an application under this subpart, the Secretary shall give consideration to—