'I.-':-,:^-^w1^i^^^yr^'^ '- PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1703 "(A) reflects the amount of time an individual child has been enrolled in a language instruction educational program; and "(B) uses consistent methods and measurements to reflect the increases described in subparagraphs (A)(i), (A)(ii), and (B) of paragraph (3). "(3) CONTENTS. —Such annual measurable achievement objectives— "(A) shall include— "(i) at a minimum, annual increases in the number or percentage of children making progress in learning English; "(ii) at a minimum, annual increases in the number or percentage of children attaining English proficiency by the end of each school year, as determined by a valid and reliable assessment of English proficiency consistent with section 1111(b)(7); and "(iii) making adequate yearly progress for limited English proficient children as described in section 1111(b)(2)(B); and "(B) at the discretion of the agency, may include the number or percentage of children not receiving waivers for reading or language arts assessments under section 1111(b)(3)(C), but this achievement objective shall not be applied to an eligible entity that, in a given school year— "(i) has experienced a large increase in limited English proficient children or immigrant children and youth; "(ii) enrolls a statistically significant number of immigrant children and youth from countries where such children and youth had little or no access to formal education; or "(iii) has a statistically significant number of immigrant children and youth who have fled from war or natural disaster. " (b) ACCOUNTABILITY. — "(1) FOR STATES.— Each State educational agency receiving a grant under subpart 1 shall hold eligible entities receiving a subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a), including making adequate yearly progress for limited English proficient children. "(2) IMPROVEMENT PLAN.—I f a State educational agency determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has failed to make progress toward meeting such objectives for 2 consecutive years, the agency shall require the entity to develop an improvement plan that will ensure that the entity meets such objectives. The improvement plan shall specifically address the factors that prevented the entity from achieving such objectives. "(3) TECHNICAL ASSISTANCE.— During the development of the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall— "(A) provide technical assistance to the eligible entity; "(B) provide technical assistance, if applicable, to schools served by such entity under subpart 1 that need
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