Page:United States Statutes at Large Volume 102 Part 1.djvu/319

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 281

"(C) the extent to which the persons to be served by the program have been involved in its development; "(D) applicant's prior experience and performance in providing educational programs to limited English proficient adults and out-of-school youth; "(E) with respect to applications by a local educational agency, the extent to which limited English proficient students enrolled in the educational agency are served by programs specifically designed to meet their needs; and "(F) with respect to other applicants, a description of how the applicant will coordinate its program with a local education agency to ensure that the program will help limited English proficient family members promote the academic progress of limited English proficient children. "(d) DURATION OF GRANTS.—(1)(A) Grants made pursuant to subsections (a)(D, (a)(2), and (a)(3) of this section shall be for 3 years. "(B) During the first 12 months of grants made pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section, an applicant may engage exclusively in preservice activities. Such activities may include program design, materials development, staff recruitment and training, development of evaluation mechanisms and procedures, and the operation of programs to involve parents in the educational program and to enable parents and family members to assist in the education of limited English proficient children. "(C) Upon reapplication, grants authorized under subsections (a) (1), (2), and (3) of this section shall be renewed for 2 additional years unless the Secretary determines that— "(i) the applicant's program does not comply with the requirements set out in this title; "(ii) the applicant's program has not made substantial progress in achieving the specific educational goals set out in the original application; or "(iii) there is no longer a need for the applicant's program. "(D) Parents or legal guardians of students identified for enrollment in bilingual education programs shall be informed of (i) the reasons for the selection of their child as in need of bilingual education, (ii) the alternative educational programs that are available, and (iii) the nature of the bilingual education program and of the instructional alternatives. Parents shall also be informed that they have the option of declining enrollment of their children in such programs and shall be given an opportunity to do so if they so choose. Every effort shall be made to provide the information to parents pursuant to this subsection in a language and form the parents understand. "(2) Grants made pursuant to subsections (a)(4), (a)(5), and (a)(6) shall be for 3 years. "(3)(A) No student may be enrolled in a bilingual program for which a grant is made under subsection (a)(1) or (a)(3) of this section for a period of more than 3 years, except where the school in which the student is enrolled— "(i) conducts a comprehensive evaluation of the overall academic progress of the student, and "(ii) the results of the evaluation indicate that lack of English Handicapped proficiency is impeding the academic progress of the student in persons, meeting grade promotion and graduation standards and, in the case of a handicapped child attainment of the objective in the child's individualized education program.

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