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Order Code RS20042
Updated June 8, 2001


The Federal Emergency Immigrant Education

                             Program

                         Patricia Osorio-O'Dea
                     Analyst in Social Legislation
                     Domestic Social Policy Division


Summary


     The Emergency Immigrant Education Program (EIEP), authorized in Title VII, Part
 C of the Elementary and Secondary Education Act (ESEA), provides formula grants to
 state educational agencies for distribution to local educational agencies serving large
 numbers of immigrant children and youth. The term immigrant children and youth
 includes foreign born individuals ages 3-21 who have been attending U. S. schools for less
 than 3 years. In FY2000, the program received an appropriation of $150,000,000 and
 served 862,252 immigrant students. The program received an appropriation of
 $150,000,000 for FY2001. Some issues Congress may consider when discussing
 program reauthorization include: whether the EIEP should be consolidated with other
 federal education programs serving immigrant pupils; whether criteria should be changed
 to target LEAs with greatest need for support; and whether increased accountability is
 necessary to ensure effective use of federal funds. This report will be updated
 periodically to reflect program developments.


 Introduction and Background

    The Emergency Immigrant Education Act (EIEA) was first authorized under Title
VI of the Education Amendments of 1984 (P.L. 98-511) in response to the challenges
facing school districts with large numbers of new immigrant students. The program
provides supplemental assistance to states and local educational agencies (LEAs) serving
immigrant students. Under the original act, funds were allocated to applicant states, which
then distributed the funds to eligible LEAs based on the number of immigrant students
enrolled, with a maximum payment of $500 for each immigrant child. Grants were
reduced by the amount of funds made available to state educational agencies through other
federal programs having the same purpose as the EIEA program. In 1988, the EIEA was
added to the Elementary and Secondary Education Act (ESEA) (P.L. 100-297).

    The current EIEP, authorized by Title VII, Part C of the ESEA (as amended by P.L.
103-382 in 1994), provides formula grants to states based on the number of recent
immigrant students enrolled in public and nonpublic elementary and secondary schools.


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