ELEVATE Act

II 116TH CONGRESS 1ST SESSION S. 2761 To amend the Elementary and Secondary Education Act of 1965 to provide that children who have relocated from Puerto Rico to the States are fully considered for purposes of State allotments under the English Language Acquisition grants. IN THE SENATE OF THE UNITED STATES OCTOBER 31, 2019 Mr. RUBIO (for himself and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to provide that children who have relocated from Puerto Rico to the States are fully considered for purposes of State allotments under the English Lan- guage Acquisition grants. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Linguistic 4 Excellence and Vocational Aptitude by Teaching English 5 Act’’ or the ‘‘ELEVATE Act’’. 6 VerDate Sep 11 2014 22:30 Nov 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761 lotter on DSKBCFDHB2PROD with BILLS 2 •S 2761 IS SEC. 2. TREATMENT OF PUERTO RICO WITH RESPECT TO 1 ALLOTMENTS FOR ENGLISH LANGUAGE AC- 2 QUISITION GRANTS. 3 (a) CHANGE IN DEFINITION.—Section 3201(5) of the 4 Elementary and Secondary Education Act of 1965 (20 5 U.S.C. 7011(5)) is amended— 6 (1) in the paragraph heading, by inserting 7 ‘‘AND MIGRANTS FROM PUERTO RICO’’ after 8 ‘‘YOUTH’’; 9 (2) in the matter preceding subparagraph (A), 10 by striking ‘‘immigrant children and youth’’ and in- 11 serting ‘‘immigrant children and youth and migrants 12 from Puerto Rico’’; 13 (3) in subparagraph (B), by inserting ‘‘in which 14 the primary language of instruction in public ele- 15 mentary schools and secondary schools is English’’ 16 after ‘‘any State’’; and 17 (4) in subparagraph (C), by inserting ‘‘, other 18 than Puerto Rico,’’ after ‘‘States’’. 19 (b) CONFORMING AMENDMENTS.—Part A of title III 20 of the Elementary and Secondary Education Act of 1965 21 (20 U.S.C. 6811 et seq.) is amended— 22 (1) in each of sections 3102 and 3114 (20 23 U.S.C. 6812 and 6824), by striking ‘‘immigrant 24 children and youth’’ each place the term appears 25 VerDate Sep 11 2014 22:30 Nov 04, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761 lotter on DSKBCFDHB2PROD with BILLS 3 •S 2761 IS and inserting ‘‘immigrant children and youth and 1 migrants from Puerto Rico’’; 2 (2) in section 3111 (20 U.S.C. 6821)— 3 (A) by striking ‘‘immigrant children and 4 youth’’ each place the term appears and insert- 5 ing ‘‘immigrant children and youth and mi- 6 grants from Puerto Rico’’; and 7 (B) in subsection (c)(2)(A)(ii), by inserting 8 ‘‘and migrants’’ after ‘‘such children and 9 youth’’; 10 (3) in section 3113(b)(7) (20 U.S.C. 11 6823(b)(7)), by striking ‘‘children and youth’’ and 12 inserting ‘‘immigrant children and youth and mi- 13 grants from Puerto Rico’’; and 14 (4) in section 3115 (20 U.S.C. 6825)— 15 (A) in the subsection heading of subsection 16 (e), by inserting ‘‘AND MIGRANTS FROM PUER- 17 TO RICO’’; and 18 (B) by striking ‘‘immigrant children and 19 youth’’ each place the term appears and insert- 20 ing ‘‘immigrant children and youth and mi- 21 grants from Puerto Rico’’. 22 (c) APPLICABILITY.—The amendments made by sub- 23 sections (a) and (b)— 24 VerDate Sep 11 2014 22:30 Nov 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2761.IS S2761 lotter on DSKBCFDHB2PROD with BILLS 4 •S 2761 IS (1) shall apply with respect to grants awarded 1 under title III of the Elementary and Secondary 2 Education Act of 1965 (20 U.S.C. 6801 et seq.) for 3 fiscal years 2020 and 2021 only if the Secretary of 4 Education determines for such fiscal year that the 5 application of such amendments will not result in a 6 State receiving an allotment under title III of such 7 Act for such fiscal year that is less than the allot- 8 ment such State received under such title in fiscal 9 year 2019; and 10 (2) shall apply beginning on and after October 11 1, 2021. 12 Æ VerDate Sep 11 2014 22:30 Nov 04, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2761.IS S2761 lotter on DSKBCFDHB2PROD with BILLS