PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3739 such students at all such schools in the United States for such year. "(c) REQUIREMENT. —The Secretary shall consider a program to be designed to lead to communicative competency in a foreign language if such program is comparable to a program that provides not less than 45 minutes of instruction in a foreign language not less than four days per week throughout an academic year. "SEC. 7206. AUTHORIZATION OF APPROPRIATIONS. 20 USC 7516. 'There are authorized to be appropriated $35,000,000 for the fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this part, of which not more than $20,000,000 may be used in each fiscal year to carry out section 7205. "PART C—EMERGENCY IMMIGRANT EDUCATION PROGRAM "SEC. 7301. FINDINGS AND PURPOSE. 20 USC 7541. "(a) FINDINGS. —The Congress finds that— "(1) the education of our Nation's children and youth is one of the most sacred government responsibilities; "(2) local educational agencies have struggled to fund adequately education services; "(3) in the case of Plyler v. Doe, the Supreme Court held that States have a responsibility under the Equal Protection Clause of the Constitution to educate all children, regardless of immigration status; and "(4) immigration policy is solely a responsibility of the Federal (Government. "(b) PURPOSE.— The purpose of this part is to assist eligible local educational agencies that experience unexpectedly large increases in their student population due to immigration to— "(1) provide high-quality instruction to immigremt children and youtn; and "(2) help such children and youth— "(A) with their transition into American society; and "(B) meet the same challenging State performance standards expected of all children and youth, "SEC. 7302. STATE ADMINISTRATIVE COSTS. 20 USC 7542. "For any fiscal year, a State educational agency may reserve not more than 1.5 percent of the amount allocated to such agency under section 7304 to pay the costs of performing such agency's administrative functions under this part. "SEC, 7303. WITHHOLDING. 20 USC 7543. "Whenever the Secretary, after providing reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirement of any provision of this part, the Secretary shall notify that agency that further payments will not be made to the agency under this part, or in the discretion of the Secretary, that the State educational agency shall not make further payments under this part to specified local educational agencies whose actions cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further
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