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Code · STATUTE-COMPILATIONS · Every Student Succeeds Act · Sec. 1301

Sec. 1301. EDUCATION OF MIGRATORY CHILDREN

2,852 words·~13 min read·/statute-compilations/comps-11851/sec-1301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## 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, 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. > > > #### “(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: > > ### “(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 ######
(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 ######
(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— > > > ###### “(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.” > . ### PART D PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
Connectionstraces to 8
Citation graph
cites case law
Sec. 1301
EDUCATION OF MIGRATORY CHILDREN
U.S.C.§ 6391
U.S.C.§ 6393
U.S.C.§ 6394
U.S.C.§ 6395
U.S.C.§ 6396
U.S.C.§ 6397
U.S.C.§ 6398
U.S.C.§ 6399
Cites 8Cited by 0 across 0 sources
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