Page:United States Statutes at Large Volume 115 Part 2.djvu/718

This page needs to be proofread.

115 STAT. 1702 PUBLIC LAW 107-110-^AN. 8, 2002 to attain English proficiency (as measured consistent with subsection (d)) and meet challenging State academic content and student academic achievement standards; and "(3) in determining whether or not to continue funding for specific programs or activities. "(c) EVALUATION COMPONENTS. —An evaluation provided by an eligible entity under subsection (a) shall— "(1) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who— "(A) are making progress in attaining English proficiency, including the percentage of children who have achieved English proficiency; "(B) have transitioned into classrooms not tailored to limited English proficient children, and have a sufficient level of English proficiency to permit them to achieve in English and transition into classrooms not tailored to limited English proficient children; "(C) are meeting the same challenging State academic content and student academic achievement standards as all children are expected to meet; and "(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and "(2) include such other information as the State educational agency may require. "(d) EVALUATION MEASURES.—A State shall approve evaluation measures for use under subsection (c) that are designed to assess— "(1) the progress of children in attaining English proficiency, including a child's level of comprehension, speaking, listening, reading, and writing skills in English; "(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and "(3) progress in meeting the annual measurable achievement objectives described in section 3122. "(e) SPECIAL RULE FOR SPECL\LLY QUALIFIED AGENCIES.— Each specially qualified agency receiving a grant under this part shall provide the evaluations described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection. 20 USC 6842. "SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY. " (a) ACHIEVEMENT OBJECTIVES. — "(1) IN GENERAL. —Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall develop annual measurable achievement objectives for limited English proficient children served under this part that relate to such children's development and attainment of English proficiency while meeting challenging State academic content and student academic achievement standards as required by section 1111(b)(1). "(2) DEVELOPMENT OF OBJECTIVES.— Such annual measurable achievement objectives shall be developed in a manner that—