SEC. 1301
EDUCATION OF MIGRATORY CHILDREN
Section Summary
ESSA Update
SEC. 1301. EDUCATION OF MIGRATORY CHILDREN.
(a) Program Purposes.--Section 1301 (20 U.S.C. 6391) is amended to
read as follows:
``SEC. 1301. PROGRAM PURPOSES.
``The purposes of this part are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year and, as applicable, during summer or intersession
periods,
[[Page 129 STAT. 1894]]
that address the unique educational needs of migratory children.
``(2) To ensure that migratory children who move among the
States are not penalized in any manner by disparities among the
States in curriculum, graduation requirements, and challenging
State academic standards.
``(3) To ensure that migratory children receive full and
appropriate opportunities to meet the same challenging State
academic standards that all children are expected to meet.
``(4) To help migratory children overcome educational
disruption, cultural and language barriers, social isolation,
various health-related problems, and other factors that inhibit
the ability of such children to succeed in school.
``(5) To help migratory children benefit from State and
local systemic reforms.''.
(b) State Allocations.--Section 1303 (20 U.S.C. 6393) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) State Allocations.--Except as provided in subsection (c), each
State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible
migratory children aged 3 through 21 residing in the
State, based on data for the preceding 3 years; and
``(B) the number of identified eligible migratory
children, aged 3 through 21, who received services under
this part in summer or intersession programs provided by
the State during the previous year; multiplied by
``(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount determined under this paragraph
shall not be less than 32 percent, nor more than 48 percent, of
the average per-pupil expenditure in the United States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
fiscal years 2017 through 2019, no State shall receive less than 90
percent of the State's allocation under this section for the preceding
fiscal year.
``(c) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant that the
Commonwealth of Puerto Rico shall be eligible to receive under
this part shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1)
if such subsection applied to the Commonwealth of Puerto Rico by
the product of--
``(A) the percentage that the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50
States, subject to paragraphs (2) and (3); and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage described in
paragraph (1)(A) shall not be less than 85 percent.
[[Page 129 STAT. 1895]]
``(3) Limitation.--If the application of paragraph (2) for
any fiscal year would result in any of the 50 States or the
District of Columbia receiving less under this part than it
received under this part for the preceding fiscal year, then the
percentage described in paragraph (1)(A) that is used for the
Commonwealth of Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the percentage in
paragraph (1)(A) for such fiscal year or the percentage used for
the preceding fiscal year.'';
(3) in subsection (d), as redesignated by paragraph (1)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A) If,
after'' and inserting the following:
``(A) Ratable reductions.--If, after''; and
(ii) in subparagraph (B)--
(I) by striking ``(B) If
additional'' and inserting the
following:
``(B) Reallocation.--If additional''; and
(II) by striking ``purpose'' and
inserting ``purposes''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``(A) The
Secretary'' and inserting the following:
``(A) Further reductions.--The Secretary''; and
(ii) in subparagraph (B), by striking ``(B)
The Secretary'' and inserting the following:
``(B) Reallocation.--The Secretary'';
(4) in subsection (e)(3)(B), as redesignated by paragraph
(1), by striking ``welfare or educational attainment of
children'' and inserting ``academic achievement of children'';
(5) in subsection (f), as redesignated by paragraph (1)--
(A) in the matter preceding paragraph (1), by
striking ``estimated'' and inserting ``identified'';
(B) by striking paragraph (1) and inserting the
following:
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;'';
(C) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(D) by inserting after paragraph (1) the following:
``(2) develop and implement a procedure for monitoring the
accuracy of such information;'';
(E) in paragraph (4), as redesignated by
subparagraph (C)--
(i) in the matter preceding subparagraph (A),
by striking ``full-time equivalent''; and
(ii) in subparagraph (A)--
(I) by striking ``special needs''
and inserting ``unique needs''; and
(II) by striking ``special programs
provided under this part'' and inserting
``effective special programs provided
under this part''; and
(F) in paragraph (5), as redesignated by
subparagraph (C), by striking ``the child whose
education has been interrupted'' and inserting
``migratory children, including the most at-risk
migratory children''; and
(6) by adding at the end the following:
[[Page 129 STAT. 1896]]
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this part for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most recent
data available that identifies the migratory children residing in the
State until data is available to calculate the 3-year average number of
such children in accordance with such subsection.''.
(c) State Applications; Services.--Section 1304 (20 U.S.C. 6394) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``special
educational needs'' and inserting
``unique educational needs''; and
(II) by inserting ``and migratory
children who have dropped out of
school'' after ``preschool migratory
children'';
(ii) in subparagraph (B)--
(I) by striking ``migrant children''
and inserting ``migratory children'';
and
(II) by striking ``part A or B of
title III'' and inserting ``part A of
title III''; and
(iii) by striking subparagraph (D) and
inserting the following:
``(D) measurable program objectives and outcomes;'';
(B) in paragraph (2), by striking ``challenging
State academic content standards and challenging State
student academic achievement standards'' and inserting
``challenging State academic standards'';
(C) in paragraph (3), by striking ``, consistent
with procedures the Secretary may require,'';
(D) in paragraph (5), by inserting ``and'' after the
semicolon;
(E) by striking paragraph (6);
(F) by redesignating paragraph (7) as paragraph (6);
and
(G) in paragraph (6), as redesignated by
subparagraph (F), by striking ``who have parents who do
not have a high school diploma'' and inserting ``whose
parents do not have a high school diploma'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``, satisfactory to the Secretary,'';
(B) in paragraph (2), by striking ``subsections (b)
and (c) of section 1120A, and part I'' and inserting
``subsections (b) and (c) of section 1118, and part F'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``parent advisory
councils'' and inserting ``parents of
migratory children, including parent
advisory councils,''; and
(II) by striking ``of 1 school year
in duration'' and inserting ``not less
than 1 school year in duration''; and
[[Page 129 STAT. 1897]]
(ii) in subparagraph (A), by striking
``section 1118'' and inserting ``section 1116'';
(D) in paragraph (4), by inserting ``and migratory
children who have dropped out of school'' after
``preschool migratory children'';
(E) by redesignating paragraph (7) as paragraph (8);
(F) by striking paragraph (6) and inserting the
following:
``(6) such programs and projects will provide for outreach
activities for migratory children and their families to inform
such children and families of other education, health,
nutrition, and social services to help connect them to such
services;
``(7) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and other outreach activities for
migratory children and their families, including helping
such children and families gain access to other
education, health, nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) family literacy programs;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment; and''; and
(G) in paragraph (8), as redesignated by
subparagraph (E), by striking ``paragraphs (1)(A) and
(2)(B)(i) of section 1303(a), through such procedures as
the Secretary may require'' and inserting ``section
1303(a)(1)'';
(3) by striking subsection (d) and inserting the following:
``(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who have made a qualifying move within
the previous 1-year period and who--
``(1) are failing, or most at risk of failing, to meet the
challenging State academic standards; or
``(2) have dropped out of school.''; and
(4) in subsection (e)(3), by striking ``secondary school
students'' and inserting ``students''.
(d) Secretarial Approval; Peer Review.--Section 1305 (20 U.S.C.
6395) is amended to read as follows:
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this part, and may review any such application with the
assistance and advice of State officials and other officials with
relevant expertise.''.
(e) Comprehensive Needs Assessment and Service-delivery Plan;
Authorized Activities.--Section 1306 (20 U.S.C. 6396) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``special'' and inserting ``unique'';
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``section 9302'' and inserting ``section
8302''; and
[[Page 129 STAT. 1898]]
(ii) in clause (i), by striking ``special''
and inserting ``unique'';
(C) in subparagraph (C), by striking ``challenging
State academic content standards and challenging State
student academic achievement standards'' and inserting
``challenging State academic standards''; and
(D) in subparagraph (F), by striking ``part A or B
of title III'' and inserting ``part A of title III'';
and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``shall have the
flexibility to'' and inserting ``retains the flexibility
to''; and
(B) in paragraph (4), by striking ``special
educational'' and inserting ``unique educational''.
(f) Bypass.--Section 1307 (20 U.S.C. 6397) is amended--
(1) in the matter preceding paragraph (1), by striking
``nonprofit''; and
(2) in paragraph (3), by striking ``welfare or educational
attainment'' and inserting ``educational achievement''.
(g) Coordination of Migrant Education Activities.--Section 1308 (20
U.S.C. 6398) is amended--
(1) in subsection (a)(1)--
(A) by striking ``nonprofit'';
(B) by inserting ``through'' after ``including'';
and
(C) by striking ``students'' and inserting
``children''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``developing
effective methods for'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``The Secretary, in
consultation'' and all that follows
through ``include--'' and inserting the
following: ``The Secretary, in
consultation with the States, shall
ensure the linkage of migrant student
record systems for the purpose of
electronically exchanging, among the
States, health and educational
information regarding all migratory
students eligible under this part. The
Secretary shall ensure that such linkage
occurs in a cost-effective manner,
utilizing systems used by the States
prior to, or developed after, the date
of the enactment of the Every Student
Succeeds Act. Such information may
include--'';
(II) in clause (ii), by striking
``required under section 1111(b)'' and
inserting ``under section 1111(b)(2)'';
and
(III) in clause (iii), by striking
``high standards'' and inserting ``the
challenging State academic standards'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A) the
following:
``(B) Consultation.--The Secretary shall maintain
ongoing consultation with the States, local educational
agencies, and other migratory student service providers
on--
[[Page 129 STAT. 1899]]
``(i) the effectiveness of the system
described in subparagraph (A); and
``(ii) the ongoing improvement of such
system.''; and
(iv) in subparagraph (C), as redesignated by
clause (ii)--
(I) by striking ``the proposed data
elements'' and inserting ``any new
proposed data elements''; and
(II) by striking ``Such publication
shall occur not later than 120 days
after the date of enactment of the No
Child Left Behind Act of 2001.''; and
(C) by striking paragraph (4).
(h) Definitions.--Section 1309 (20 U.S.C. 6399) is amended--
(1) in paragraph (1)(B), by striking ``nonprofit''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Migratory agricultural worker.--The term `migratory
agricultural worker' means an individual who made a qualifying
move in the preceding 36 months and, after doing so, engaged in
new temporary or seasonal employment or personal subsistence in
agriculture, which may be dairy work or the initial processing
of raw agricultural products. If an individual did not engage in
such new employment soon after a qualifying move, such
individual may be considered a migratory agricultural worker if
the individual actively sought such new employment and has a
recent history of moves for temporary or seasonal agricultural
employment.
``(3) Migratory child.--The term `migratory child' means a
child or youth who made a qualifying move in the preceding 36
months--
``(A) as a migratory agricultural worker or a
migratory fisher; or
``(B) with, or to join, a parent or spouse who is a
migratory agricultural worker or a migratory fisher.
``(4) Migratory fisher.--The term `migratory fisher' means
an individual who made a qualifying move in the preceding 36
months and, after doing so, engaged in new temporary or seasonal
employment or personal subsistence in fishing. If the individual
did not engage in such new employment soon after the move, the
individual may be considered a migratory fisher if the
individual actively sought such new employment and has a recent
history of moves for temporary or seasonal fishing employment.
``(5) Qualifying move.--The term `qualifying move' means a
move due to economic necessity--
``(A) from one residence to another residence; and
``(B) from one school district to another school
district, except--
``(i) in the case of a State that is comprised
of a single school district, wherein a qualifying
move is from one administrative area to another
within such district; or
``(ii) in the case of a school district of
more than 15,000 square miles, wherein a
qualifying move is a distance of 20 miles or more
to a temporary residence.''.
NCLB Text
``SEC. <<NOTE: 20 USC 6391.>> 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the educational
disruptions and other problems that result from repeated moves;
``(2) ensure that migratory children who move among the
States are not penalized in any manner by disparities among the
States in curriculum, graduation requirements, and State
academic content and student academic achievement standards;
``(3) ensure that migratory children are provided with
appropriate educational services (including supportive services)
that address their special needs in a coordinated and efficient
manner;
``(4) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging State
academic content and student academic achievement standards that
all children are expected to meet;
``(5) design programs to help migratory children overcome
educational disruption, cultural and language barriers, social
isolation, various health-related problems, and other factors
that inhibit the ability of such children to do well in school,
and to prepare such children to make a successful transition to
postsecondary education or employment; and
``(6) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. <<NOTE: 20 USC 6392.>> 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the Secretary
shall make grants to State educational agencies, or combinations of such
agencies, to establish or improve, directly or through local operating
agencies, programs of education for migratory children in accordance
with this part.
``SEC. <<NOTE: 20 USC 6393.>> 1303. STATE ALLOCATIONS.
``(a) State Allocations.--
``(1) Fiscal year 2002.--For fiscal year 2002, each State
(other than the Commonwealth of Puerto Rico) is entitled to
receive under this part an amount equal to--
``(A) the sum of the estimated number of migratory
children aged 3 through 21 who reside in the State full
time and the full-time equivalent of the estimated
number of migratory children aged 3 through 21 who
reside in the State part time, as determined in
accordance with subsection (e); multiplied by
``(B) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this paragraph shall not be less than
32 percent, nor more
[[Page 115 STAT. 1572]]
than 48 percent, of the average per-pupil expenditure in
the United States.
``(2) Subsequent years.--
``(A) Base amount.--
``(i) In general.--Except as provided in
subsection (b) and clause (ii), each State (other
than the Commonwealth of Puerto Rico) is entitled
to receive under this part, for fiscal year 2003
and succeeding fiscal years, an amount equal to--
``(I) the amount that such State
received under this part for fiscal year
2002; plus
``(II) the amount allocated to the
State under subparagraph (B).
``(ii) Nonparticipating states.--In the case
of a State (other than the Commonwealth of Puerto
Rico) that did not receive any funds for fiscal
year 2002 under this part, the State shall
receive, for fiscal year 2003 and succeeding
fiscal years, an amount equal to--
``(I) the amount that such State
would have received under this part for
fiscal year 2002 if its application
under section 1304 for the year had been
approved; plus
``(II) the amount allocated to the
State under subparagraph (B).
``(B) Allocation of additional amount.--For fiscal
year 2003 and succeeding fiscal years, the amount (if
any) by which the funds appropriated to carry out this
part for the year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State receives
an amount equal to--
``(i) the sum of--
``(I) the number of identified
eligible migratory children, aged 3
through 21, residing in the State during
the previous year; and
``(II) the number of identified
eligible migratory children, aged 3
through 21, who received services under
this part in summer or intersession
programs provided by the State during
such year; multiplied by
``(ii) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this clause may not be less than
32 percent, or more than 48 percent, of the
average per-pupil expenditure in the United
States.
``(b) Allocation to Puerto Rico.--
``(1) In general.--For each fiscal year, the grant which the
Commonwealth of Puerto Rico shall be eligible to receive under
this part shall be the amount determined by multiplying the
number of children who would be counted under subsection
(a)(1)(A) if such subsection applied to the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of the
lowest average per-pupil expenditure of any of the 50
States; and
[[Page 115 STAT. 1573]]
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
``(A) for fiscal year 2002, 77.5 percent;
``(B) for fiscal year 2003, 80.0 percent;
``(C) for fiscal year 2004, 82.5 percent; and
``(D) for fiscal year 2005 and succeeding fiscal
years, 85.0 percent.
``(3) Limitation.--If the application of paragraph (2) for
any fiscal year would result in any of the 50 States or the
District of Columbia receiving less under this part than it
received under this part for the preceding fiscal year, then the
percentage described in paragraph (1)(A) that is used for the
Commonwealth of Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the percentage in
paragraph (1)(A) for such fiscal year or the percentage used for
the preceding fiscal year.
``(c) Ratable Reductions; Reallocations.--
``(1) In general.--(A) If, after the Secretary reserves
funds under section 1308(c), the amount appropriated to carry
out this part for any fiscal year is insufficient to pay in full
the amounts for which all States are eligible, the Secretary
shall ratably reduce each such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate such
funds to States in amounts that the Secretary determines will
best carry out the purpose of this part.
``(2) Special rule.--(A) The Secretary shall further reduce
the amount of any grant to a State under this part for any
fiscal year if the Secretary determines, based on available
information on the numbers and needs of migratory children in
the State and the program proposed by the State to address such
needs, that such amount exceeds the amount required under
section 1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary determines
are appropriate.
``(d) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of
such State's allocation, may submit a consortium arrangement to
the Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program
function costs for State programs; and
[[Page 115 STAT. 1574]]
``(B) make more funds available for direct services
to add substantially to the welfare or educational
attainment of children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order to
determine the estimated number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(3) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the special needs of those children
participating in special programs provided under this
part that operate during the summer and intersession
periods; and
``(B) the additional costs of operating such
programs; and
``(4) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. <<NOTE: 20 USC 6394.>> 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this part for any fiscal year shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this part, the
State and its local operating agencies will ensure that the
special educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migrant children, including
language instruction educational programs under part A
or B of title III;
``(C) the integration of services available under
this part with services provided by those other
programs; and
``(D) measurable program goals and outcomes;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet the
same challenging State academic content standards and
challenging State student academic achievement standards that
all children are expected to meet;
``(3) a description of how the State will use funds received
under this part to promote interstate and intrastate
coordination of services for migratory children, including how,
consistent with procedures the Secretary may require, the State
will provide for educational continuity through the timely
transfer of pertinent school records, including information on
health,
[[Page 115 STAT. 1575]]
when children move from one school to another, whether or not
such move occurs during the regular school year;
``(4) a description of the State's priorities for the use of
funds received under this part, and how such priorities relate
to the State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
agencies, taking into account the numbers and needs of migratory
children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs;
``(6) such budgetary and other information as the Secretary
may require; and
``(7) a description of how the State will encourage programs
and projects assisted under this part to offer family literacy
services if the program or project serves a substantial number
of migratory children who have parents who do not have a high
school diploma or its recognized equivalent or who have low
levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1306; and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and (c)
of section 1120A, and part I;
``(3) in the planning and operation of programs and projects
at both the State and local agency operating level, there is
consultation with parent advisory councils for programs of 1
school year in duration, and that all such programs and projects
are carried out--
``(A) in a manner that provides for the same
parental involvement as is required for programs and
projects under section 1118, unless extraordinary
circumstances make such provision impractical; and
``(B) in a format and language understandable to the
parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part A;
``(6) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such
children and families of, or helping such children and
families gain access to, other education, health,
nutrition, and social services;
[[Page 115 STAT. 1576]]
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) family literacy programs, including such
programs that use models developed under Even Start;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment; and
``(7) the State will assist the Secretary in determining the
number of migratory children under paragraphs (1)(A) and
(2)(B)(i) of section 1303(a), through such procedures as the
Secretary may require.
``(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's challenging State academic content
standards and challenging State student academic achievement standards,
and whose education has been interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other provision
of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of such
term;
``(2) a child who is no longer a migratory child may
continue to receive services for 1 additional school year, but
only if comparable services are not available through other
programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. <<NOTE: 20 USC 6395.>> 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve each State
application that meets the requirements of this part.
``(b) Peer Review.--The Secretary may review any such application
with the assistance and advice of State officials and other individuals
with relevant expertise.
``SEC. <<NOTE: 20 USC 6396.>> 1306. COMPREHENSIVE NEEDS ASSESSMENT AND
SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance under
this part shall ensure that the State and its local operating
agencies identify and address the special educational needs of
migratory children in accordance with a comprehensive State plan
that--
``(A) is integrated with other programs under this
Act or other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 9302, if--
``(i) the special needs of migratory children
are specifically addressed in the comprehensive
State plan;
``(ii) the comprehensive State plan is
developed in collaboration with parents of
migratory children; and
[[Page 115 STAT. 1577]]
``(iii) the comprehensive State plan is not
used to supplant State efforts regarding, or
administrative funding for, this part;
``(C) provides that migratory children will have an
opportunity to meet the same challenging State academic
content standards and challenging State student academic
achievement standards that all children are expected to
meet;
``(D) specifies measurable program goals and
outcomes;
``(E) encompasses the full range of services that
are available for migratory children from appropriate
local, State, and Federal educational programs;
``(F) is the product of joint planning among such
local, State, and Federal programs, including programs
under part A, early childhood programs, and language
instruction educational programs under part A or B of
title III; and
``(G) provides for the integration of services
available under this part with services provided by such
other programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the
State's participation under this part; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this part.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies, shall
have the flexibility to determine the activities to be provided
with funds made available under this part, except that such
funds first shall be used to meet the identified needs of
migratory children that result from their migratory lifestyle,
and to permit these children to participate effectively in
school.
``(2) Unaddressed needs.--Funds provided under this part
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under part A may receive those
services through funds provided under that part, or through
funds under this part that remain after the agency addresses the
needs described in paragraph (1).
``(3) Construction.--Nothing in this part shall be construed
to prohibit a local educational agency from serving migratory
children simultaneously with students with similar educational
needs in the same educational settings, where appropriate.
``(4) Special rule.--Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in paragraph (1), and shall meet
the special educational needs of migratory children before using
funds under this part for schoolwide programs under section
1114.
[[Page 115 STAT. 1578]]
``SEC. <<NOTE: 20 USC 6397.>> 1307. BYPASS.
``The Secretary may use all or part of any State's allocation under
this part to make arrangements with any public or private nonprofit
agency to carry out the purpose of this part in such State if the
Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. <<NOTE: 20 USC 6398.>> 1308. COORDINATION OF MIGRANT EDUCATION
ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private nonprofit
entities to improve the interstate and intrastate coordination
among such agencies' educational programs, including the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students.
``(2) Duration.--Grants under this subsection may be awarded
for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing effective methods for the electronic transfer of
student records and in determining the number of migratory
children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation
with the States, shall ensure the linkage of migrant
student record systems for the purpose of electronically
exchanging, among the States, health and educational
information regarding all migratory students. The
Secretary shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the States
prior to, or developed after, the date of enactment of
the No Child Left Behind Act of 2001, and shall
determine the minimum data elements that each State
receiving funds under this part shall collect and
maintain. Such elements may include--
``(i) immunization records and other health
information;
``(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under section 1111(b);
``(iii) other academic information essential
to ensuring that migratory children achieve to
high standards; and
``(iv) eligibility for services under the
Individuals with Disabilities Education Act.
``(B) <<NOTE: Federal Register,
publication.>> Notice and comment.--After consulting
with the States under subparagraph (A), the Secretary
shall publish a notice in the Federal Register seeking
public comment on the proposed data elements that each
State receiving
[[Page 115 STAT. 1579]]
funds under this part shall be required to collect for
purposes of electronic transfer of migratory student
information and the requirements that States shall meet
for immediate electronic access to such
information. <<NOTE: Deadline.>> Such publication shall
occur not later than 120 days after the date of
enactment of the No Child Left Behind Act of 2001.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this part shall make student records available to another State
educational agency or local educational agency that requests the
records at no cost to the requesting agency, if the request is
made in order to meet the needs of a migratory child.
``(4) Report to congress.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than April 30, 2003, the Secretary shall report to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the
Workforce of the House of Representatives the
Secretary's findings and recommendations regarding the
maintenance and transfer of health and educational
information for migratory students by the States.
``(B) Required contents.--The Secretary shall
include in such report--
``(i) a review of the progress of States in
developing and linking electronic records transfer
systems;
``(ii) recommendations for the development and
linkage of such systems; and
``(iii) recommendations for measures that may
be taken to ensure the continuity of services
provided for migratory students.
``(c) Availability of Funds.--For the purpose of carrying out this
section in any fiscal year, the Secretary shall reserve not more than
$10,000,000 of the amount appropriated to carry out this part for such
year.
``(d) Incentive Grants.--From the amounts made available to carry
out this section for any fiscal year, the Secretary may reserve not more
than $3,000,000 to award grants of not more than $250,000 on a
competitive basis to State educational agencies that propose a
consortium arrangement with another State or other appropriate entity
that the Secretary determines, pursuant to criteria that the Secretary
shall establish, will improve the delivery of services to migratory
children whose education is interrupted.
``(e) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
``SEC. <<NOTE: 20 USC 6399.>> 1309. DEFINITIONS.
``As used in this part:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with
which a State educational agency or the Secretary makes
an arrangement to carry out a project under this part;
or
``(C) a State educational agency, if the State
educational agency operates the State's migrant
education program or projects directly.
[[Page 115 STAT. 1580]]
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order
to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or
fishing work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single
school district, has moved from one administrative area
to another within such district; or
``(C) resides in a school district of more than
15,000 square miles, and migrates a distance of 20 miles
or more to a temporary residence to engage in a fishing
activity.
