115 STAT. 1694 PUBLIC LAW 107-110-^AN. 8, 2002 "(ii) SUBSEQUENT YEARS.—For subsequent fiscal years, the Secretary shall determine the number of limited English proficient children in a State and in all States, and the number of immigrant children and youth in a State and in all States, using the more accurate of— "(I) the data available from the American Community Survey available from the Department of Commerce; or "(II) the number of children being assessed for English proficiency in a State as required under section 1111(b)(7). 20 USC 6822. "SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL. "(a) ELIGIBLE ENTITIES.— For the purpose of carrying out programs under this part for individuals served by elementary schools, secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity: "(1) An Indian tribe. "(2) A tribally sanctioned educational authority. "(3) A Native Hawaiian or Native American Pacific Islander native language educational organization. "(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium of such schools. "(5) An elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Affairs, in consortium with another such school or a tribal or community organization. "(6) An elementary school or secondary school operated by the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary school or secondary school operated under a contract with or grant from the Bureau of Indian Affairs or a tribal or community organization. "(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.— Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the Secretary. "(c) SPECL^L RULE. —An eligible entity described in subsection (a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114. 20 USC 6823. "SEC. 3113. 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, in such manner, and containing such information as the Secretary may require. "(b) CONTENTS. — Each plan submitted under subsection (a) shall— "(1) describe the process that the agency will use in making subgrants to eligible entities under section 3114(d)(1); "(2) describe how the agency will establish standards and objectives for raising the level of English proficiency that are derived from the four recognized domains of speaking, listening,
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