I

103D CONGRESS

1ST SESSION H. R. 2769

To improve education for migrant children in elementary and secondary

schools.

IN THE HOUSE OF REPRESENTATIVES

JULY 28, 1993

Mr. FORD of Michigan (for himself and Mr. GOODLING) introduced the

following bill; which was referred to the Committee on Education and Labor

A BILL

To improve education for migrant children in elementary

and secondary schools.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROGRAMS FOR MIGRANT CHILDREN.

4 Subpart 1 of part D of chapter 1 of the Elementary

5 and Secondary Education Act of 1965 is amended to read

6 as follows:

7 ‘‘Subpart 1—Programs for Migrant Children

8 ‘‘SEC. 1201. STATEMENT OF PURPOSE.

9 ‘‘The purpose of this subpart is—
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1 ‘‘(1) to support high quality and comprehensive

2 educational programs for migrant children to help

3 reduce the multiple needs that result from repeated

4 moves;

5 ‘‘(2) to ensure that migrant children are pro6 vided with appropriate educational and supportive

7 services addressing their special needs in a coordi8 nated and efficient manner; and

9 ‘‘(3) to design programs to help migrant chil10 dren overcome educational disruption, cultural and

11 language barriers, social isolation, various health-re12 lated problems, and other noninstructional factors

13 which inhibit their ability to do well in school and

14 to prepare such children to make a successful transi15 tion to postsecondary education or employment.

16 ‘‘SEC. 1202. GRANTS—ENTITLEMENT AND AMOUNT.

17 ‘‘(a) ENTITLEMENT.—(1) A State educational agency

18 or a combination of such agencies shall, upon application,

19 be entitled to receive a grant for any fiscal year under

20 this subpart to establish or improve, either directly or

21 through local educational agencies, programs of education

22 which meet the requirements of section 1203 for migrant

23 children.

24 ‘‘(2) In the case of any State which receives an alloca25 tion of $1,000,000 or less, the Secretary shall consult with
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1 the State educational agency regarding consortium ar2 rangements with another State, an institution of higher

3 education, or with a regional education laboratory to de4 liver services in a more effective and efficient manner.

5 ‘‘(3) A State, irrespective of allocation amounts, may

6 propose a consortium agreement.

7 ‘‘(4) The Secretary shall approve a consortium agree8 ment under paragraphs (2) or (3) if the proposal dem9 onstrates that the agreement may reduce administrative

10 overhead costs or program function costs for State pro11 grams and make more funds available for direct services

12 to add substantially to the welfare or educational attain13 ment of children to be served under this subpart.

14 ‘‘(b) AMOUNT OF GRANT TO STATES.—(1) Except as

15 provided in paragraphs (2) and (3), the amount of each

16 State’s grant will be an amount equal to 40 percent of

17 the average per pupil expenditure in the State multiplied

18 by—

19 ‘‘(A) the estimated number of migrant children

20 who reside in the State full time; and

21 ‘‘(B) the full-time equivalent of the estimated

22 number of migrant children who reside in the State

23 part time, as determined by the Secretary in accord24 ance with regulations.
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1 ‘‘(2) If the average per pupil expenditure in the State

2 is less than 80 percent of the average per pupil expendi3 ture in the United States, the amount of a grant under

4 paragraph (1) shall be 32 percent of the average per pupil

5 expenditure in the United States for such fiscal year mul6 tiplied by—

7 ‘‘(A) the estimated number of migrant children

8 who reside in the State full time; and

9 ‘‘(B) the full-time equivalent of the estimated

10 number of migrant children who reside in the State

11 part time, as determined by the Secretary in accord12 ance with regulations.

13 ‘‘(3) If the average per pupil expenditure in the State

14 is more than 120 percent of the average per pupil expendi15 ture in the United States, the amount of the grant under

16 paragraph (1) shall be 48 percent of the average per pupil

17 expenditure in the United States multiplied by—

18 ‘‘(A) the estimated number of migrant children

19 who reside in the State full time; and

20 ‘‘(B) the full-time equivalent of the estimated

21 number of migrant children who reside in the State

22 part time, as determined by the Secretary in accord23 ance with regulations.

24 ‘‘(4) The Secretary shall develop a formula for ad25 justing the estimated number of children who reside in a
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1 State in order to reflect the number of migrant children

2 who are served in summer programs (which may include

3 intersession programs) in the State and the additional

4 costs of operating such programs. The formula shall in5 clude an equitable cost factor related to the differences

6 in costs for different program designs.

7 ‘‘(c) AMOUNT OF GRANT TO PUERTO RICO.—(1) For

8 each fiscal year, the Secretary shall determine—

9 ‘‘(A) the average per pupil expenditure of the

10 State which has the lowest such average;

11 ‘‘(B) the average per pupil expenditure of the

12 Commonwealth of Puerto Rico; and

13 ‘‘(C) the percentage that, when multiplied by

14 the amount described in subparagraph (A), yields

15 the amount described in subparagraph (B).

16 ‘‘(2) The grant which the Commonwealth of Puerto

17 Rico shall be eligible to receive under this section for a

18 fiscal year shall be the amount arrived at by multiplying

19 the number of such migrant children in the Common20 wealth of Puerto Rico by the product of—

21 ‘‘(A) the percentage determined under para22 graph (1)(C); and

23 ‘‘(B) 32 percent of the average per pupil ex24 penditure in the United States.
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1 ‘‘(d) ERROR RATE.—States may make up to a 5 per2 cent standard error rate when determining the number of

3 eligible migrants residing within a State.

4 ‘‘(e) BYPASS PROVISION.—If the Secretary deter5 mines that a State is unable or unwilling to conduct edu6 cational programs for migrant children, that it would re7 sult in more efficient and economic administration, or that

8 it would add substantially to the welfare or educational

9 attainment of such children, the Secretary may make spe10 cial arrangements with other public or nonprofit private

11 agencies to carry out the purposes of this section in 1 or

12 more States, and for this purpose the Secretary may use

13 all or part of the total of grants available for any such

14 State under this subpart.

15 ‘‘SEC. 1203. PROGRAM REQUIREMENTS.

16 ‘‘The Secretary shall approve an application submit17 ted under section 1202(a) which—

18 ‘‘(1) provides the opportunity for migrant chil19 dren to meet challenging content standards and per20 formance standards if such standards have been

21 adopted;

22 ‘‘(2) provides for educational continuity through

23 the timely transfer of pertinent school records, in24 cluding information on health, when children move

25 from one school to another;
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1 ‘‘(3) contains an agreement to record the mi2 grant status of such children and their average daily

3 attendance on State student collection data;

4 ‘‘(4) specifies goals and measurable outcomes in

5 a comprehensive plan which, at a minimum, de6 scribes—

7 ‘‘(A)(i) advocacy and outreach activities for

8 migrant children and their families, including a

9 description of education, health, nutrition, and

10 other supportive social services to be provided

11 directly or through cooperative agreements with

12 other service providers;

13 ‘‘(ii) coordination efforts with other Fed14 eral instructional and supportive programs, in15 cluding early childhood programs, the basic

16 grant program under this chapter, the bilingual

17 education programs established under title VII,

18 and regular local school programs;

19 ‘‘(B) ongoing professional development

20 programs, including mentoring programs for

21 teachers and other program personnel;

22 ‘‘(C) parent involvement programs (as de23 fined under section 1016), and when feasible,

24 the establishment of instructional programs

25 such as use of the model developed under the
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1 Even Start Family Literacy Programs that pro2 mote adult literacy and train parents to support

3 the educational growth of their children;

4 ‘‘(D) the integration of information tech5 nology into educational programs; and

6 ‘‘(E) programs to manage the transition

7 from school to work or to a postsecondary edu8 cation for high school students;

9 ‘‘(5) includes assurances that programs will be

10 administered and carried out in a manner consistent

11 with the basic objectives of section 1011 (other than

12 subsection (b)), sections 1012, 1014, and 1018, and

13 subpart 2 of part F; and

14 ‘‘(6) gives priority to migrant children whose

15 educational needs are greatest and whose education

16 has been interrupted during the regular school year.

17 ‘‘SEC. 1204. COORDINATION OF MIGRANT EDUCATION AC18 TIVITIES.

19 ‘‘(a) ACTIVITIES AUTHORIZED.—(1) After consulta20 tion with the States, the Secretary is authorized to make

21 grants to, and enter into contracts with, State educational

22 agencies for activities to improve the interstate and intra23 state coordination (including the use of technology) among

24 State and local educational agencies of the educational

25 programs available for migrant children. No State edu-
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1 cational agency may receive a grant under this subpart

2 for more than 5 years.

3 ‘‘(2) Grants or contracts shall also be made under

4 this subpart to State educational agencies to develop and

5 establish a national program of credit exchange and ac6 crual for migrant children so that such children will be

7 better able to meet graduation requirements and receive

8 high school diplomas.

9 ‘‘(b) COMPETITIVE GRANTS.—From the amounts

10 made available for this subpart, the Secretary shall reserve

11 not more than $1,500,000 to award, on a competitive

12 basis, not more than 15 grants in the amount of $100,000

13 each to State educational agencies with approved consor14 tium agreements described under section 1202(a)(4). Not

15 less than 10 of such grants shall be awarded to States

16 which receive allocations of less than $1,000,000 if such

17 States have approved agreements.

18 ‘‘(c) CONTINUATION OF SERVICES.—(1) Subject to

19 paragraph (2), a child who is no longer a migrant child

20 may continue to receive services for one additional school

21 year only if comparable services are not available through

22 other programs.

23 ‘‘(2) Notwithstanding paragraph (1)—
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1 ‘‘(A) a child who ceases to be a migrant child

2 during a school term shall be eligible for services

3 until the end of such term; and

4 ‘‘(B) secondary school students who were eligi5 ble for services in secondary school may continue to

6 be served through credit accrual programs until

7 graduation.

8 ‘‘(d) ASSISTANCE AND REPORTING.—(1) Not later

9 than October 1, 1994, the Secretary shall begin to work

10 with States to provide model information forms or other

11 assistance to help ensure the timely transfer of students’

12 educational and health records.

13 ‘‘(2) Not later than October 1, 1995, the Secretary

14 shall submit a report to the Congress regarding the effec15 tiveness of methods used by States to transfer records.

16 ‘‘(e) DEFINITION.—For purposes of this subpart, the

17 term ‘migrant child’ means a child, aged 3 to 21, inclusive,

18 who is or whose parent or guardian is a migrant agricul19 tural worker, migrant fisherman, or migrant dairy worker

20 and who has moved within the past 24 months—

21 ‘‘(1) from one school district to another to ob22 tain temporary or seasonal employment in agri23 culture, fishing, or dairy work; or

24 ‘‘(2) has moved from one administrative area to

25 another, in a State that is comprised of a single
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1 school district, to enable the child, the child’s guard2 ian, or a member of the child’s immediate family to

3 obtain temporary or seasonal employment in agri4 culture, fishing, or dairy work.

5 Paragraph (2) includes children of migrant fishermen if

6 such children reside in a school district of more than

7 18,000 square miles and migrate a distance of 20 miles

8 or more to temporary residences to engage in fishing

9 activity.

10 ‘‘(f) AVAILABILITY OF FUNDS.—The Secretary may,

11 from the funds appropriated for carrying out this subpart,

12 reserve up to $5,000,000 for the purposes of this section

13 for any fiscal year.’’.

14 SEC. 2. EFFECTIVE DATE FOR DISCONTINUATION OF MI15 GRANT STUDENT RECORD SYSTEM.

16 The contract for the Migrant Student Record System

17 in existence on the day before the date of the enactment

18 of this Act may not continue beyond June 30, 1995. Pend19 ing the discontinuation of such system, the Secretary may

20 not award a contract for a new Migrant Student Record

21 Transfer System or any comparable such system, but may

22 continue the existing contract for such system until June

23 30, 1995.

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