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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2769 Introduced in House (IH)]

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.

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

SECTION 1. PROGRAMS FOR MIGRANT CHILDREN.

    Subpart 1 of part D of chapter 1 of the Elementary and Secondary 
Education Act of 1965 is amended to read as follows:

               ``Subpart 1--Programs for Migrant Children

``SEC. 1201. STATEMENT OF PURPOSE.

    ``The purpose of this subpart is--
            ``(1) to support high quality and comprehensive educational 
        programs for migrant children to help reduce the multiple needs 
        that result from repeated moves;
            ``(2) to ensure that migrant children are provided with 
        appropriate educational and supportive services addressing 
        their special needs in a coordinated and efficient manner; and
            ``(3) to design programs to help migrant children overcome 
        educational disruption, cultural and language barriers, social 
        isolation, various health-related problems, and other 
        noninstructional factors which inhibit their ability to do well 
        in school and to prepare such children to make a successful 
        transition to postsecondary education or employment.

``SEC. 1202. GRANTS--ENTITLEMENT AND AMOUNT.

    ``(a) Entitlement.--(1) A State educational agency or a combination 
of such agencies shall, upon application, be entitled to receive a 
grant for any fiscal year under this subpart to establish or improve, 
either directly or through local educational agencies, programs of 
education which meet the requirements of section 1203 for migrant 
children.
    ``(2) In the case of any State which receives an allocation of 
$1,000,000 or less, the Secretary shall consult with the State 
educational agency regarding consortium arrangements with another 
State, an institution of higher education, or with a regional education 
laboratory to deliver services in a more effective and efficient 
manner.
    ``(3) A State, irrespective of allocation amounts, may propose a 
consortium agreement.
    ``(4) The Secretary shall approve a consortium agreement under 
paragraphs (2) or (3) if the proposal demonstrates that the agreement 
may reduce administrative overhead costs or program function costs for 
State programs and make more funds available for direct services to add 
substantially to the welfare or educational attainment of children to 
be served under this subpart.
    ``(b) Amount of Grant to States.--(1) Except as provided in 
paragraphs (2) and (3), the amount of each State's grant will be an 
amount equal to 40 percent of the average per pupil expenditure in the 
State multiplied by--
            ``(A) the estimated number of migrant children who reside 
        in the State full time; and
            ``(B) the full-time equivalent of the estimated number of 
        migrant children who reside in the State part time, as 
        determined by the Secretary in accordance with regulations.
    ``(2) If the average per pupil expenditure in the State is less 
than 80 percent of the average per pupil expenditure in the United 
States, the amount of a grant under paragraph (1) shall be 32 percent 
of the average per pupil expenditure in the United States for such 
fiscal year multiplied by--
            ``(A) the estimated number of migrant children who reside 
        in the State full time; and
            ``(B) the full-time equivalent of the estimated number of 
        migrant children who reside in the State part time, as 
        determined by the Secretary in accordance with regulations.
    ``(3) If the average per pupil expenditure in the State is more 
than 120 percent of the average per pupil expenditure in the United 
States, the amount of the grant under paragraph (1) shall be 48 percent 
of the average per pupil expenditure in the United States multiplied 
by--
            ``(A) the estimated number of migrant children who reside 
        in the State full time; and
            ``(B) the full-time equivalent of the estimated number of 
        migrant children who reside in the State part time, as 
        determined by the Secretary in accordance with regulations.
    ``(4) The Secretary shall develop a formula for adjusting the 
estimated number of children who reside in a State in order to reflect 
the number of migrant children who are served in summer programs (which 
may include intersession programs) in the State and the additional 
costs of operating such programs. The formula shall include an 
equitable cost factor related to the differences in costs for different 
program designs.
    ``(c) Amount of Grant to Puerto Rico.--(1) For each fiscal year, 
the Secretary shall determine--
            ``(A) the average per pupil expenditure of the State which 
        has the lowest such average;
            ``(B) the average per pupil expenditure of the Commonwealth 
        of Puerto Rico; and
            ``(C) the percentage that, when multiplied by the amount 
        described in subparagraph (A), yields the amount described in 
        subparagraph (B).
    ``(2) The grant which the Commonwealth of Puerto Rico shall be 
eligible to receive under this section for a fiscal year shall be the 
amount arrived at by multiplying the number of such migrant children in 
the Commonwealth of Puerto Rico by the product of--
            ``(A) the percentage determined under paragraph (1)(C); and
            ``(B) 32 percent of the average per pupil expenditure in 
        the United States.
    ``(d) Error Rate.--States may make up to a 5 percent standard error 
rate when determining the number of eligible migrants residing within a 
State.
    ``(e) Bypass Provision.--If the Secretary determines that a State 
is unable or unwilling to conduct educational programs for migrant 
children, that it would result in more efficient and economic 
administration, or that it would add substantially to the welfare or 
educational attainment of such children, the Secretary may make special 
arrangements with other public or nonprofit private agencies to carry 
out the purposes of this section in 1 or more States, and for this 
purpose the Secretary may use all or part of the total of grants 
available for any such State under this subpart.

``SEC. 1203. PROGRAM REQUIREMENTS.

    ``The Secretary shall approve an application submitted under 
section 1202(a) which--
            ``(1) provides the opportunity for migrant children to meet 
        challenging content standards and performance standards if such 
        standards have been adopted;
            ``(2) provides for educational continuity through the 
        timely transfer of pertinent school records, including 
        information on health, when children move from one school to 
        another;
            ``(3) contains an agreement to record the migrant status of 
        such children and their average daily attendance on State 
        student collection data;
            ``(4) specifies goals and measurable outcomes in a 
        comprehensive plan which, at a minimum, describes--
                    ``(A)(i) advocacy and outreach activities for 
                migrant children and their families, including a 
                description of education, health, nutrition, and other 
                supportive social services to be provided directly or 
                through cooperative agreements with other service 
                providers;
                    ``(ii) coordination efforts with other Federal 
                instructional and supportive programs, including early 
                childhood programs, the basic grant program under this 
                chapter, the bilingual education programs established 
                under title VII, and regular local school programs;
                    ``(B) ongoing professional development programs, 
                including mentoring programs for teachers and other 
                program personnel;
                    ``(C) parent involvement programs (as defined under 
                section 1016), and when feasible, the establishment of 
                instructional programs such as use of the model 
                developed under the Even Start Family Literacy Programs 
                that promote adult literacy and train parents to 
                support the educational growth of their children;
                    ``(D) the integration of information technology 
                into educational programs; and
                    ``(E) programs to manage the transition from school 
                to work or to a postsecondary education for high school 
                students;
            ``(5) includes assurances that programs will be 
        administered and carried out in a manner consistent with the 
        basic objectives of section 1011 (other than subsection (b)), 
        sections 1012, 1014, and 1018, and subpart 2 of part F; and
            ``(6) gives priority to migrant children whose educational 
        needs are greatest and whose education has been interrupted 
        during the regular school year.

``SEC. 1204. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

    ``(a) Activities Authorized.--(1) After consultation with the 
States, the Secretary is authorized to make grants to, and enter into 
contracts with, State educational agencies for activities to improve 
the interstate and intrastate coordination (including the use of 
technology) among State and local educational agencies of the 
educational programs available for migrant children. No State 
educational agency may receive a grant under this subpart for more than 
5 years.
    ``(2) Grants or contracts shall also be made under this subpart to 
State educational agencies to develop and establish a national program 
of credit exchange and accrual for migrant children so that such 
children will be better able to meet graduation requirements and 
receive high school diplomas.
    ``(b) Competitive Grants.--From the amounts made available for this 
subpart, the Secretary shall reserve not more than $1,500,000 to award, 
on a competitive basis, not more than 15 grants in the amount of 
$100,000 each to State educational agencies with approved consortium 
agreements described under section 1202(a)(4). Not less than 10 of such 
grants shall be awarded to States which receive allocations of less 
than $1,000,000 if such States have approved agreements.
    ``(c) Continuation of Services.--(1) Subject to paragraph (2), a 
child who is no longer a migrant child may continue to receive services 
for one additional school year only if comparable services are not 
available through other programs.
    ``(2) Notwithstanding paragraph (1)--
            ``(A) a child who ceases to be a migrant child during a 
        school term shall be eligible for services until the end of 
        such term; and
            ``(B) secondary school students who were eligible for 
        services in secondary school may continue to be served through 
        credit accrual programs until graduation.
    ``(d) Assistance and Reporting.--(1) Not later than October 1, 
1994, the Secretary shall begin to work with States to provide model 
information forms or other assistance to help ensure the timely 
transfer of students' educational and health records.
    ``(2) Not later than October 1, 1995, the Secretary shall submit a 
report to the Congress regarding the effectiveness of methods used by 
States to transfer records.
    ``(e) Definition.--For purposes of this subpart, the term `migrant 
child' means a child, aged 3 to 21, inclusive, who is or whose parent 
or guardian is a migrant agricultural worker, migrant fisherman, or 
migrant dairy worker and who has moved within the past 24 months--
            ``(1) from one school district to another to obtain 
        temporary or seasonal employment in agriculture, fishing, or 
        dairy work; or
            ``(2) has moved from one administrative area to another, in 
        a State that is comprised of a single school district, to 
        enable the child, the child's guardian, or a member of the 
        child's immediate family to obtain temporary or seasonal 
        employment in agriculture, fishing, or dairy work.
Paragraph (2) includes children of migrant fishermen if such children 
reside in a school district of more than 18,000 square miles and 
migrate a distance of 20 miles or more to temporary residences to 
engage in fishing activity.
    ``(f) Availability of Funds.--The Secretary may, from the funds 
appropriated for carrying out this subpart, reserve up to $5,000,000 
for the purposes of this section for any fiscal year.''.

SEC. 2. EFFECTIVE DATE FOR DISCONTINUATION OF MIGRANT STUDENT RECORD 
              SYSTEM.

    The contract for the Migrant Student Record System in existence on 
the day before the date of the enactment of this Act may not continue 
beyond June 30, 1995. Pending the discontinuation of such system, the 
Secretary may not award a contract for a new Migrant Student Record 
Transfer System or any comparable such system, but may continue the 
existing contract for such system until June 30, 1995.

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