Except as otherwise provided, for purposes of this subchapter—
The term “bilingual education program” means an educational program for limited English proficient students that—
(A) makes instructional use of both English and a student's native language;
(B) enables limited English proficient students to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking, so as to meet age-appropriate grade-promotion and graduation standards in concert with the National Education Goals;
(C) may also develop the native language skills of limited English proficient students, or ancestral languages of American Indians, Alaska Natives, Native Hawaiians and native residents of the outlying areas; and
(D) may include the participation of English-proficient students if such program is designed to enable all enrolled students to become proficient in English and a second language.
The term “children and youth” means individuals aged 3 through 21.
The term “community-based organization” means a private nonprofit organization of demonstrated effectiveness or Indian tribe or tribally sanctioned educational authority which is representative of a community or significant segments of a community and which provides educational or related services to individuals in the community. Such term includes Native Hawaiian organizations including Native Hawaiian Educational Organizations as such term is defined in section 4009 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et seq.), as such Act was in effect on the day preceding October 20, 1994.
The term “community college” means an institution of higher education as defined in section 1001 of this title which provides not less than a two-year program which is acceptable for full credit toward a bachelor's degree, including institutions receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 [25 U.S.C. 1801 et seq.].
The term “Director” means the Director of the Office of Bilingual Education and Minority Languages Affairs established under section 3420 1 of this title.
(A) The term “family education program” means a bilingual education or special alternative instructional program that—
(i) is designed—
(I) to help limited English proficient adults and out-of-school youths achieve proficiency in the English language; and
(II) to provide instruction on how parents and family members can facilitate the educational achievement of their children;
(ii) when feasible, uses instructional programs such as the models developed under the Even Start Family Literacy Programs, which promote adult literacy and train parents to support the educational growth of their children and the Parents as Teachers Program and the Home Instruction Program for Preschool Youngsters; and
(iii) gives preference to participation by parents and immediate family members of children attending school.
(B) Such term may include programs that provide instruction to facilitate higher education and employment outcomes.
The term “immigrant children and youth” means individuals who—
(A) are aged 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more schools in any one or more States for more than three full academic years.
The terms “limited English proficiency” and “limited English proficient”, when used with reference to an individual, mean an individual—
(A) who—
(i) was not born in the United States or whose native language is a language other than English and comes from an environment where a language other than English is dominant; or
(ii) is a Native American or Alaska Native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual's level of English language proficiency; or
(iii) is migratory and whose native language is other than English and comes from an environment where a language other than English is dominant; and
(B) who has sufficient difficulty speaking, reading, writing, or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.
The terms “Native American” and “Native American language” shall have the same meaning given such terms in section 2902 of title 25.
The term “Native Hawaiian or Native American Pacific Islander native language educational organization” means a nonprofit organization with a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in their educational programs and with not less than five years successful experience in providing educational services in traditional Native American languages.
The term “native language”, when used with reference to an individual of limited-English proficiency, means the language normally used by such individual, or in the case of a child or youth, the language normally used by the parents of the child or youth.
The term “Office” means the Office of Bilingual Education and Minority Languages Affairs.
The term “other programs for persons of limited-English proficiency” means any programs administered by the Secretary that serve persons of limited-English proficiency.
The term “paraprofessional” means an individual who is employed in preschool, elementary or secondary school under the supervision of a certified or licensed teacher, including individuals employed in bilingual education, special education and migrant education.
The term “special alternative instructional program” means an educational program for limited English proficient students that—
(A) utilizes specially designed English language curricula and services but does not use the student's native language for instructional purposes;
(B) enables limited English proficient students to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking so as to meet age-appropriate grade-promotion and graduation standards in concert with the National Education Goals; and
(C) is particularly appropriate for schools where the diversity of the limited English proficient students’ native languages and the small number of students speaking each respective language makes bilingual education impractical and where there is a critical shortage of bilingual education teachers.
(Pub. L. 89–10, title VII, §7501, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3745; amended Pub. L. 105–244, title I, §102(a)(6)(J), title IX, §901(d), Oct. 7, 1998, 112 Stat. 1619, 1828.)
Section 4009 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, as such Act was in effect on the day preceding October 20, 1994, referred to in par. (3), means section 4009 of Pub. L. 100–297, which was classified to section 4909 of this title prior to repeal by Pub. L. 103–382, title III, §363, Oct. 20, 1994, 108 Stat. 3975.
The Tribally Controlled College or University Assistance Act of 1978, referred to in par. (4), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (§1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.
Section 3420 of this title, referred to in par. (5), was in the original “section 210 of the Department of Education Organization Act”, meaning section 210 of Pub. L. 96–88, which was translated as reading section 209 of that Act to reflect the probable intent of Congress and the renumbering of section 210 as section 209 by Pub. L. 103–382, title II, §271(a)(2), Oct. 20, 1994, 108 Stat. 3929.
1998—Par. (4). Pub. L. 105–244, §901(d), substituted “Tribally Controlled College or University Assistance Act of 1978” for “Tribally Controlled Community College Assistance Act of 1978”.
Pub. L. 105–244, §102(a)(6)(J), substituted “section 1001” for “section 1141(a)”.
Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
This section is referred to in title 42 section 12899f.