Page:United States Statutes at Large Volume 102 Part 1.djvu/314

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 276

PUBLIC LAW 100-297—APR. 28, 1988

activities authorized under section 7021(a)(3) and may include programs under paragraphs (2), (4), (5), and (6) of section 7021(a). "(4) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall" reserve at least 60 percent for the programs carried out under part A of this title; and of this amount, at least 75 percent shall be reserved for the programs of transitional bilingual education carried out under section 7021(a)(1), and may include programs under paragraphs (2), (4), (5), and (6) of section 7021(a). "(5) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve at least 25 percent for training activities carried out under part C. "(6) Notwithstanding paragraphs (1) and (2), no amount in excess of $200,000,000 may be appropriated for the fiscal year 1989 to carry out the provisions of this title (including section 7032). "(7) The reservation required by paragraph (3) shall not result in changing the terms, conditions, or negotiated levels of any grant awarded in fiscal year 1987 to which section 7021(d)(l)(A), 7021(d)(1)(C), or 7021(d)(2) applies. 20 USC 3283.

"SEC. 7003. DEFINITIONS; REGULATIONS.

"(a) GENERAL RULE.—The following definitions shall apply to the terms used in this title: "(1) The terms 'limited English proficiency' and 'limited English proficient' when used with reference to individuals means— "(A) individuals who were not born in the United States or whose native language is a language other than English; ^ "(B) individuals who come from environments where a language other than English is dominant; and "(C) individuals who are American Indian and Alaska Natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency; and who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society. "(2) The term 'native language', when used with reference to an individual of limited English proficiency, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child. "(3) The term 'low-income' when used with respect to a family means an annual income for such a family which does not exceed the poverty level determined pursuant to section 1005(c)(2) of this Act. "(4)(A) The term 'program of transitional bilingual education' means a program of instruction, designed for children of limited English proficiency in elementary or secondary schools, which provides, with respect to the years of study to which such program is applicable, structured English language instruction, and, to the extent necessary to allow a child to achieve competence in the English language, instruction in the child's native language. Such instruction shall incorporate the cultural heritage of such children and of other children in American society. Such instruction shall, to the extent necessary, be in all