### §6394. 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 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) Assurances

Each 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 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.

#### (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) 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.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6394, Pub. L. 89–10, title I, §1304, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3587; amended Pub. L. 106–554, §1(a)(4) [div. B, title XVI, §1605], Dec. 21, 2000, 114 Stat. 2763, 2763A–334, related to State applications and services, prior to the general amendment of this subchapter by Pub. L. 107–110.

#### Amendments

2015—Subsec. (b)(1). Pub. L. 114–95, §1301(c)(1)(A)(i), in introductory provisions substituted "unique educational needs" for "special educational needs" and inserted "and migratory children who have dropped out of school" after "preschool migratory children".

Subsec. (b)(1)(B). Pub. L. 114–95, §1301(c)(1)(A)(ii), substituted "migratory children" for "migrant children" and "part A of subchapter III" for "part A or B of subchapter III".

Subsec. (b)(1)(D). Pub. L. 114–95, §1301(c)(1)(A)(iii), added subpar. (D) and struck out former subpar. (D) which read as follows: "measurable program goals and outcomes;".

Subsec. (b)(2). Pub. L. 114–95, §1301(c)(1)(B), substituted "challenging State academic standards" for "challenging State academic content standards and challenging State student academic achievement standards".

Subsec. (b)(3). Pub. L. 114–95, §1301(c)(1)(C), struck out ", consistent with procedures the Secretary may require," after "including how".

Subsec. (b)(5). Pub. L. 114–95, §1301(c)(1)(D), inserted "and" after semicolon at end.

Subsec. (b)(6), (7). Pub. L. 114–95, §1301(c)(1)(E)–(G), redesignated par. (7) as (6), substituted "migratory children whose parents do not have a high school diploma" for "migratory children who have parents who do not have a high school diploma", and struck out former par. (6) which read as follows: "such budgetary and other information as the Secretary may require; and".

Subsec. (c). Pub. L. 114–95, §1301(c)(2)(A), struck out ", satisfactory to the Secretary," after "assurances" in introductory provisions.

Subsec. (c)(2). Pub. L. 114–95, §1301(c)(2)(B), made technical amendment to reference in original act which appears in text as reference to subsections (b) and (c) of section 6321 of this title and substituted "part F" for "part I".

Subsec. (c)(3). Pub. L. 114–95, §1301(c)(2)(C)(i), in introductory provisions substituted "parents of migratory children, including parent advisory councils," for "parent advisory councils" and "not less than 1 school year in duration" for "of 1 school year in duration".

Subsec. (c)(3)(A). Pub. L. 114–95, §1301(c)(2)(C)(ii), made technical amendment to reference in original act which appears in text as reference to section 6318 of this title.

Subsec. (c)(4). Pub. L. 114–95, §1301(c)(2)(D), inserted "and migratory children who have dropped out of school" after "preschool migratory children".

Subsec. (c)(6) to (8). Pub. L. 114–95, §1301(c)(2)(E)–(G), added pars. (6) and (7), redesignated former par. (7) as (8), in par. (8) substituted "section 6393(a)(1) of this title" for "paragraphs (1)(A) and (2)(B)(i) of section 6393(a) of this title, through such procedures as the Secretary may require", and struck out former par. (6) which related to assurances that, to the extent feasible, programs would provide for advocacy and outreach activities, professional development programs, family literacy programs, the integration of information technology into programs, and programs to facilitate the transition to postsecondary education or employment.

Subsec. (d). Pub. L. 114–95, §1301(c)(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: "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."

Subsec. (e)(3). Pub. L. 114–95, §1301(c)(4), substituted "students" for "secondary school students".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.