PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1691 "(B) adequate yearly progress for limited English proficient children, including immigrant children and youth, as described in section 1111(b)(2)(B); and "(9) to provide State educational agencies and local educational agencies with the flexibility to implement language instruction educational programs, based on scientifically based research on teaching limited English proficient children, that the agencies believe to be the most effective for teaching English. "Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement "SEC. 3111. FORMULA GRANTS TO STATES. 20 USC 6821. "(a) IN GENERAL. —In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). " (b) USE OF FUNDS.— " (1) SUBGRANTS TO ELIGIBLE ENTITIES.— The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency's allotment under subsection (c) for a fiscal year— "(A) to award subgrants, from allocations under section 3114, to eligible entities to carry out the activities described in section 3115 (other than subsection (e)); and "(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out the activities described in section 3115(e). "(2) STATE ACTIVITIES.— Subject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency's allotment under subsection (c) to carry out one or more of the following activities: "(A) Professional development activities, and other activities, that assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children. "(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). "(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— "(i) identifying and implementing language instruction educational programs and curricula that are based on scientifically based research on teaching limited English proficient children; "(ii) helping limited English proficient children meet the same challenging State academic content and
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