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Title III of the Elementary and Secondary Education Act (ESEA), as reauthorized in 2001, provides for language instruction for limited English proficient and immigrant students. The Title III State Formula Grant Program provides federal monies to the states for the education of these students. In return, states are required to demonstrate that students are proficient in state content and achievement standards in mathematics, reading or language arts, and science (ESEA, § 1111(b)(2)(B)). Beginning in the 2007-2008 school year, states are required to demonstrate that students are proficient in science. States are also required to show that limited English proficient (LEP) students are progressing in their proficiency of the English language by meeting annual measurable achievement objectives (AMAOs) (ESEA, § 3122(b)).

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