Sec. 1013. Education of migratory children
1,642 words·~7 min read·
/bill/114/s/1177/es/section-1013A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part C of title I ( 20 U.S.C. 6391 et seq. ) is amended— in section 1301— in paragraph (2), by striking State academic content and student academic achievement standards and inserting challenging State academic standards ; in paragraph (4), by striking State academic content and student academic achievement standards and inserting State academic standards ; and in paragraph (5), by inserting without the need for postsecondary remediation after employment ; in section 1303— by striking subsection
(a)and inserting the following: Except as provided in subsection
(b)and subparagraph (B), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2016 and succeeding fiscal years, an amount equal to— the amount that such State received under this part for fiscal year 2002; plus the amount allocated to the State under paragraph (2). 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 2016 and succeeding fiscal years, an amount equal to— 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 the amount allocated to the State under paragraph (2). For fiscal year 2016 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— the sum of— the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and 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 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; in subsection (b), by striking paragraph
(2)and inserting the following: The percentage in paragraph (1)(A) shall not be less than 85.0 percent. ; in subsection (c)— in paragraph (1)— by striking
(A)If, after and inserting the following: If, after ; and in subparagraph (B)— by striking If additional and inserting ; and Reallocation.— If additional by moving the margins of such subparagraph 2 ems to the right; and in paragraph (2)— by striking
(A)The Secretary and inserting the following: The Secretary ; and in subparagraph (B)— by striking The Secretary and inserting ; and Reallocation.— The Secretary by moving the margins of such subparagraph 2 ems to the right; and in subsection (d)(3)(B), by striking welfare or educational attainment and inserting academic achievement ; and in subsection (e)— in the matter preceding paragraph (1), by striking estimated and inserting identified ; and by striking the Secretary shall and all that follows through the period at the end and inserting the Secretary shall use such information as the Secretary finds most accurately reflects the actual number of migratory children. ; in section 1304— in subsection (b)— in paragraph (1)— in the matter preceding subparagraph (A)— by striking special educational needs and inserting unique educational needs ; and by inserting and out-of-school migratory children after including preschool migratory children ; in subparagraph (B), by striking part A or B of title III and inserting part A of title III ; and by striking subparagraph
(D)and inserting the following: measurable program objectives and outcomes; ; in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; in paragraph (3), by striking , consistent with procedures the Secretary may require, ; in paragraph (5), by inserting and after the semicolon; by striking paragraph (6); and by redesignating paragraph
(7)as paragraph (6); in subsection (c)— in the matter preceding paragraph (1), by striking , satisfactory to the Secretary, ; in paragraph (2), by striking 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 and inserting in a manner consistent with the objectives of section 1113(c), paragraphs
(3)and
(4)of section 1113(d), subsections
(b)and
(c)of section 1117, and part E ; in paragraph (3)— in the matter before subparagraph (A), by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils ; and by striking section 1118 and inserting section 1115 ; in paragraph (4), by inserting and out-of-school migratory children after addressing the unmet educational needs of preschool migratory children ; in paragraph (6)— by striking to the extent feasible, ; by striking subparagraph
(C)and inserting the following: evidence-based family literacy programs; ; and in subparagraph (E), by inserting , without the need for postsecondary remediation after employment ; and in paragraph (7), 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)(2)(A) ; by striking subsection
(d)and inserting the following: 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— are failing, or most at risk of failing, to meet the challenging State academic standards; or have dropped out of school. ; and in subsection (e)(3), by striking secondary school students and inserting students ; in section 1305(b), by inserting , to the extent practicable, after may ; in section 1306— in subsection (a)(1)— by striking special both places the term appears and inserting unique ; in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and in subparagraph (F), by striking or B ; and in subsection (b)(4)— by striking special and inserting unique ; and by striking section 1114 each place the term appears and inserting section 1113(c) ; in section 1307— in the matter preceding paragraph (1), by striking nonprofit ; and in paragraph (3), by striking welfare or educational attainment and inserting educational achievement ; in section 1308— in subsection (a)(1), by inserting through after including ; and in subsection (b)— in paragraph (1), by striking developing effective methods for ; in paragraph (2)— in subparagraph (A)— in the matter preceding clause (i), in the first sentence— by striking ensure the linkage of migrant student and inserting maintain ; by striking systems and inserting system ; by inserting within and before among the States ; and by striking all migratory students and inserting all migratory children eligible under this part ; in the matter preceding clause (i), by striking The Secretary shall ensure and all that follows through maintain. ; in the matter preceding clause (i), by striking Such elements and inserting Such information ; and in clause (ii), by striking required ; by redesignating subparagraph
(B)as subparagraph (C); by inserting after subparagraph
(A)the following: The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— the effectiveness of the system described in subparagraph (A); and the ongoing improvement of such system. ; and in subparagraph (C), as redesignated by subclause (II)— by striking the proposed data elements and inserting any new proposed data elements ; and 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 by striking paragraph (4); and in section 1309— in paragraph (1)(B), by striking nonprofit ; and by striking paragraph
(2)and inserting the following: 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 new employment and has a recent history of moves for agricultural employment. The term migratory child means a child or youth who made a qualifying move in the preceding 36 months— as a migratory agricultural worker or a migratory fisher; or with, or to join, a parent or spouse who is a migratory agricultural worker or a 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 new employment and has a recent history of moves for fishing work. The term qualifying move means a move due to economic necessity— from one residence to another residence; and from one school district to another school district, except— 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; 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 to engage in a fishing activity; or in a case in which another exception applies, as defined by the Secretary. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 1013
Education of migratory children
Cites 1Cited by 0 across 0 sources