1. U.S. Code
  2. title 20
  3. chapter 70
  4. subchapter I
  5. part C
  6. § 6392

Collapse to view only § 6392. Program authorized

§ 6391. 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, 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.
(Pub. L. 89–10, title I, § 1301, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(a), Dec. 10, 2015, 129 Stat. 1893.)

CITE AS: 20 USC 6391

§ 6392. 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.

(Pub. L. 89–10, title I, § 1302, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571.)

CITE AS: 20 USC 6392

§ 6393. State allocations
(a) State allocationsExcept 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
(c) Allocation to Puerto Rico
(1) In generalFor 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
(3) Limitation
(d) Ratable reductions; reallocations
(1) In general
(A) Ratable reductions
(B) Reallocation
(2) Special rule
(A) Further reductions
(B) Reallocation
(e) Consortium arrangements
(1) In general
(2) Proposals
(3) ApprovalThe 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
(B) make more funds available for direct services to add substantially to the academic achievement of children to be served under this part.
(f) Determining numbers of eligible childrenIn order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall—
(1) use the most recent information that most accurately reflects the actual number of migratory children;
(2) develop and implement a procedure for monitoring the accuracy of such information;
(3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs;
(4) adjust the number of migratory children who reside in each State to take into account—
(A) the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and
(B) the additional costs of operating such programs; and
(5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children.
(g) Nonparticipating States
(Pub. L. 89–10, title I, § 1303, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(b), Dec. 10, 2015, 129 Stat. 1894.)

CITE AS: 20 USC 6393

§ 6394. State applications; services
(a) Application required
(b) Program informationEach 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 unique educational needs of migratory children, including preschool migratory children and migratory children who have dropped out of school, 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 migratory children, including language instruction educational programs under part A of subchapter III;
(C) the integration of services available under this part with services provided by those other programs; and
(D) measurable program objectives 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 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 the State will provide for educational continuity through the timely transfer of pertinent school records, including information on health, 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; and
(6) 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 whose parents do not have a high school diploma or its recognized equivalent or who have low levels of literacy.
(c) AssurancesEach such application shall also include assurances 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 6396 of this title; 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 6314 of this title, subsections (b) and (d) of section 6315 of this title, subsections (b) and (c) of section 6321 of this title, and part F;
(3) in the planning and operation of programs and projects at both the State and local agency operating level, there is consultation with parents of migratory children, including parent advisory councils, for programs not less than 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 6318 of this title, 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 and migratory children who have dropped out of school;
(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) 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
(8) the State will assist the Secretary in determining the number of migratory children under section 6393(a)(1) of this title.
(d) Priority for servicesIn 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.
(e) Continuation of servicesNotwithstanding 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) students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation.
(Pub. L. 89–10, title I, § 1304, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1574; amended Pub. L. 114–95, title I, § 1301(c), Dec. 10, 2015, 129 Stat. 1896.)

CITE AS: 20 USC 6394

§ 6395. 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.

(Pub. L. 89–10, title I, § 1305, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576; amended Pub. L. 114–95, title I, § 1301(d), Dec. 10, 2015, 129 Stat. 1897.)

CITE AS: 20 USC 6395

§ 6396. Comprehensive needs assessment and service-delivery plan; authorized activities
(a) Comprehensive plan
(1) In generalEach State that receives assistance under this part shall ensure that the State and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive State plan that—
(A) is integrated with other programs under this chapter or other Acts, as appropriate;
(B) may be submitted as a part of a consolidated application under section 7842 of this title, if—
(i) the unique 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
(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 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 of subchapter III; and
(G) provides for the integration of services available under this part with services provided by such other programs.
(2) Duration of the planEach 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
(2) Unaddressed needs
(3) Construction
(4) Special rule
(Pub. L. 89–10, title I, § 1306, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576; amended Pub. L. 114–95, title I, § 1301(e), Dec. 10, 2015, 129 Stat. 1897.)

CITE AS: 20 USC 6396

§ 6397. Bypass
The Secretary may use all or part of any State’s allocation under this part to make arrangements with any public or private 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 educational achievement of such children.
(Pub. L. 89–10, title I, § 1307, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(f), Dec. 10, 2015, 129 Stat. 1898.)

CITE AS: 20 USC 6397

§ 6398. Coordination of migrant education activities
(a) Improvement of coordination
(1) In general
(2) Duration
(b) Student records
(1) Assistance
(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 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, December 10, 2015. Such information 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 under section 6311(b)(2) of this title;
(iii) other academic information essential to ensuring that migratory children achieve to the challenging State academic standards; and
(iv) eligibility for services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].
(B) Consultation
The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—
(i) the effectiveness of the system described in subparagraph (A); and
(ii) the ongoing improvement of such system.
(C) Notice and comment
(3) No cost for certain transfers
(c) Availability of funds
(d) Incentive grants
(e) Data collection
(Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(g), Dec. 10, 2015, 129 Stat. 1898.)

CITE AS: 20 USC 6398

§ 6399. DefinitionsAs used in this part:
(1) Local operating agencyThe 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 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.
(2) Migratory agricultural worker
(3) Migratory childThe 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
(5) Qualifying moveThe 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.
(Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579; amended Pub. L. 114–95, title I, § 1301(h), Dec. 10, 2015, 129 Stat. 1899.)

CITE AS: 20 USC 6399