,.,#55?3r»**' " '* ""•* PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1701 "(c) TEACHER ENGLISH FLUENCY.— Each eligible entity receiving a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational program for limited English proficient children that is, or will be, funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. "(d) OTHER REQUIREMENTS FOR APPROVAL.— Each local plan shall also contain assurances that— "(1) each local educational agency that is included in the eligible entity is complying with section 3302 prior to, and throughout, each school year; "(2) the eligible entity annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this part; "(3) the eligible entity has based its proposed plan on scientifically based research on teaching limited English proficient children; "(4) the eligible entity will ensure that the programs will enable children to speak, read, write, and comprehend the English language and meet challenging State academic content and student academic achievement standards; and "(5) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of limited English proficient children, consistent with sections 3126 and 3127. "Subpart 2—Accountability and Administration "SEC. 3121. EVALUATIONS. 20 USC 6841. "(a) IN GENERAL. —Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with an evaluation, in a form prescribed by the agency, that includes— "(1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the two immediately preceding fiscal years; "(2) a description of the progress made by children in learning the English language and meeting challenging State academic content and student academic achievement standards; "(3) the number and percentage of children in the programs and activities attaining English proficiency by the end of each school year, as determined by a valid and reliable assessment of English proficiency; and "(4) a description of the progress made by children in meeting challenging State academic content and student academic achievement standards for each of the 2 years after such children are no longer receiving services under this part. "(b) USE OF EVALUATION.—An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency— "(1) for improvement of programs and activities; "(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient
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