Page:United States Statutes at Large Volume 102 Part 1.djvu/320

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 282

PUBLIC LAW 100-297—APR. 28, 1988

Any student with respect to whom the requirements of this paragraph are met, may remain in the program for a fourth year, except as provided in division (ii) of subparagraph (B). "(B)(i) The evaluation required by paragraph (A) shall involve teachers and school personnel familiar with the students' overall academic progress. The results of such an evaluation shall be made available to the parents of the student. "(ii) An evaluation shall be carried out at the end of the fourth year the student is in the program described in subparagraph (A) if the student is to continue in the program for a fifth year and shall be conducted in accordance with division (i) of this subparagraph, "(iii) Each evaluation shall indicate how the students' English language development will be addressed during the period a student is retained in the program. The students' academic program during that period shall emphasize mastery of English. "(C) No student shall remain in a bilingual education program described in subparagraph (A) for more than 5 years. "(D) In carrying out this title, each local educational agency, institution of higher education, and private nonprofit organization having an application approved under this section may intensify instruction for limited English proficient students throughout the regular and any supplementary program by— "(i) expanding the educational calendar of the schools in which such student is enrolled to include programs before and after school and during the summer months; "(ii) lowering per pupil ratios, including the use of professional and volunteer aides; and "(iii) the application of technology to the course of instruction. "(e) APPLICATION REQUIREMENTS.—An application for a grant authorized under subsections (a)(D, (a)(2), and (a)(3) of this section shall— "(1) be developed in consultation with an advisory council, of which a majority shall be parents and other representatives of the children to be served in such programs, in accordance with criteria prescribed by the Secretary; "(2) be accompanied by documentation of such consultation and by the comments which the council makes on the application; "(3) contain assurances that, after the application has been approved, the applicant will provide for the continuing consultation with, and participation by, the committee of parents, teachers, and other interested individuals which shall be selected by and predominantly composed of parents of children participating in the program, and in the case of programs carried out in secondary schools, representatives of the secondary students to be served; "(4) ensure applicant support for additional advisory council activities, if support is requested by the advisory council; and "(5) include evidence that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. "(f) APPROVAL OF APPLICATIONS.—An application for a grant under subsections (a)(D, (a)(2), and (a)(3) of this section may be approved only if the Secretary determines—