To amend the Elementary and Secondary Education Act of 1965 to provide for additional activities, resources, and data collection with respect to English learners, and for other purposes.

I 118TH CONGRESS 1ST SESSION H. R. 3138 To amend the Elementary and Secondary Education Act of 1965 to provide for additional activities, resources, and data collection with respect to English learners, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 9, 2023 Mr. ESPAILLAT (for himself, Ms. NORTON, Ms. CLARKE of New York, Ms. SA´NCHEZ, Ms. VELA´ZQUEZ, Mr. MCGOVERN, and Mr. CONNOLLY) intro- duced the following bill; which was referred to the Committee on Edu- cation and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to provide for additional activities, resources, and data collection with respect to English learners, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ESEA AMENDMENTS. 3 (a) IMPROVING THE ACADEMIC ACHIEVEMENT OF 4 THE DISADVANTAGED.—Section 1111(h)(1)(C) of the El- 5 ementary and Secondary Education Act of 1965 (20 6 U.S.C. 6311(h)(1)(C)) is amended— 7 VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3138 IH (1) by redesignating clause (xiv) as clause (xv); 1 and 2 (2) by inserting after clause (xiii) the following: 3 ‘‘(xiv) Statistics on the racial, ethnic, 4 gender, and linguistic diversity of the ele- 5 mentary and secondary school teachers 6 working in the State.’’. 7 (b) LANGUAGE INSTRUCTION FOR ENGLISH LEARN- 8 ERS AND IMMIGRANT CHILDREN AND YOUTH.— 9 (1) PURPOSES OF THE ENGLISH LANGUAGE AC- 10 QUISITION, LANGUAGE ENHANCEMENT, AND ACA- 11 DEMIC ACHIEVEMENT ACT.—Section 3102(2) of the 12 Elementary and Secondary Education Act of 1965 13 (20 U.S.C. 6812(2)) is amended to read as follows: 14 ‘‘(2) to assist all English learners, including im- 15 migrant children and youth— 16 ‘‘(A) to achieve at high levels in academic 17 subjects so that all English learners can meet 18 the same challenging State academic standards 19 that all children are expected to meet; and 20 ‘‘(B) to the extent practicable, in a manner 21 that does not separate English learners from 22 students who are not English learners;’’. 23 (2) STATE AND SPECIALLY QUALIFIED AGENCY 24 PLANS.—Section 3113(b) of the Elementary and 25 VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3138 IH Secondary Education Act of 1965 (20 U.S.C. 1 6823(b)(8)) is amended— 2 (A) in paragraph (7), by striking ‘‘and’’ at 3 the end; 4 (B) in paragraph (8)(B), by striking the 5 period at the end and inserting ‘‘; and’’; and 6 (C) by adding at the end the following: 7 ‘‘(9) describe how the agency will monitor the 8 progress of students who are former English learn- 9 ers and ensure that such students are continuing to 10 meet the challenging State academic standards.’’. 11 (3) AUTHORIZED SUBGRANTEE ACTIVITIES.— 12 Section 3115(d) of the Elementary and Secondary 13 Education Act of 1965 (20 U.S.C. 6825(d)) is 14 amended— 15 (A) in paragraph (6)— 16 (i) in subparagraph (A), by striking 17 ‘‘and’’ at the end; 18 (ii) in subparagraph (B), by striking 19 the period at the end and inserting a semi- 20 colon; and 21 (iii) by adding at the end the fol- 22 lowing: 23 ‘‘(C) to increase the access of English 24 learners and immigrant children and youth and 25 VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3138 IH their parents to legal, educational, and financial 1 resources and social services; and 2 ‘‘(D) to implement best practices aligned 3 with evidence-based research to uplift English 4 learners and immigrant children and youth.’’; 5 (B) in paragraph (7)— 6 (i) by striking ‘‘and’’ at the end of 7 subparagraph (B); 8 (ii) by redesignating subparagraph 9 (C) as subparagraph (D); 10 (iii) in subparagraph (D), as so redes- 11 ignated, by striking ‘‘and (B)’’ and insert- 12 ing ‘‘, (B), and (C)’’; and 13 (iv) by inserting after subparagraph 14 (B) the following: 15 ‘‘(C) culturally competent and responsive 16 training to educators, school administrators, 17 counselors, social workers, and psychologists 18 with respect to how to best support English 19 learners and immigrant children and youth; 20 and’’; 21 (C) by redesignating paragraph (9) as 22 paragraph (10); and 23 (D) by inserting after paragraph (8) the 24 following: 25 VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3138 IH ‘‘(9) Supporting and advocating for the develop- 1 ment of policies that improve educational outcomes 2 for English learners and immigrant children and 3 youth, regardless of immigration status.’’. 4 (4) ACTIVITIES BY AGENCIES EXPERIENCING 5 SUBSTANTIAL INCREASES IN IMMIGRANT CHILDREN 6 AND YOUTH.—Section 3115(e)(1)(G) of the Elemen- 7 tary and Secondary Education Act of 1965 (20 8 U.S.C. 6825(e)(1)(G)) is amended by striking the 9 period at the end and inserting ‘‘, including services 10 that provide for the assessment of State and local 11 laws (including with respect to immigration and edu- 12 cation) that impact English learners and immigrant 13 children and youth and the notification of such par- 14 ents and families of such laws.’’. 15 (5) ACCOUNTABILITY AND ADMINISTRATION.— 16 Section 3121(a) of the Elementary and Secondary 17 Education Act of 1965 (20 U.S.C. 6841(a)) is 18 amended— 19 (A) in paragraph (2), by inserting ‘‘, eth- 20 nicity, race, and native language’’ before the 21 semicolon; 22 (B) in paragraph (3), by inserting ‘‘in the 23 aggregate and disaggregated, at a minimum, by 24 English learners with a disability, ethnicity, 25 VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3138 IH race, and native language’’ before the semi- 1 colon; 2 (C) in paragraph (4), by inserting ‘‘in the 3 aggregate and disaggregated, at a minimum, by 4 English learners with a disability, ethnicity, 5 race, and native language’’ before the semi- 6 colon; 7 (D) in paragraph (5), by inserting ‘‘, eth- 8 nicity, race, and native language’’ before the 9 semicolon; and 10 (E) in paragraph (6), by inserting ‘‘in the 11 aggregate and disaggregated, at a minimum, by 12 English learners with a disability, ethnicity, 13 race, and native language’’ before the semi- 14 colon. 15 Æ VerDate Sep 11 2014 01:55 May 20, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3138.IH H3138 kjohnson on DSK79L0C42PROD with BILLS