S 1152 — ELEVATE Act

Except as otherwise provided, in this subchapter: (1) Child The term “child” means any individual aged 3 through 21. (2) Community-based organization The term “community-based organization” means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. (3) Eligible entity The term “eligible entity” means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. (4) English learner with a disability The term “English learner with a disability” means an English learner who is also a child with a disability, as that term is defined in section 1401 of this title. (5) Immigrant children and youth The term “immigrant children and youth” means individuals who— (A) are aged 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States for more than 3 full academic years. (6) Indian tribe The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (7) Language instruction educational program The term “language instruction educational program” means an instruction course— (A) in which an English learner is placed for the purpose of developing and attaining English proficiency, while meeting challenging State academic standards; and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English proficiency, and may include the participation of English proficient children if such course is designed to enable all participating children to become proficient in English and a second language. (8) Native American and Native American language The terms “Native American” and “Native American language” shall have the meanings given such terms in section 2902 of title 25. (9) Native Hawaiian or Native American Pacific Islander native language educational organization The term “Native Hawaiian or Native American Pacific Islander native language educational organization” means a nonprofit organization with— (A) a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and (B) not less than 5 years successful experience in providing educational services in traditional Native American languages. (10) Native language The term “native language”, when used with reference to an individual of limited English proficiency, means— (A) the language normally used by such individual; or (B) in the case of a child or youth, the language normally used by the parents of the child or youth. (11) Paraprofessional The term “paraprofessional” means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migrant education. (12) Specially qualified agency The term “specially qualified agency” means an eligible entity in a State whose State educational agency— (A) does not participate in a program under subpart 1 of part A for a fiscal year; or (B) submits a ...