standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
(3) in subsection (d)(2), by striking ‘‘part’’ and 
inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.44 percent of such amounts to carry out 
this chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount 
reserved under paragraph (1) for each of fiscal years 
2016 to 2019 (referred to in this subsection as the 
current fiscal year)— 
‘‘(A) an amount equal to the amount made 
available to carry out section 1124 for fiscal 
year 2001 shall be used to carry out section 
1124; 
‘‘(B) an amount equal to the amount made 
available to carry out section 1124A for fiscal
year 2001 shall be used to carry out section 
1124A; and 
‘‘(C) an amount equal to 100 percent of 
the amount, if any, by which the total amount 
made available to carry out this chapter for the 
fiscal year for which the determination is made 
exceeds the total amount available to carry out 
sections 1124 and 1124A for fiscal year 2001 
shall be used to carry out sections 1125 and 
1125A and such amount shall be divided equal-
ly between sections 1125 and 1125A.’’; 
(2) in subsection (b)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’; 
(3) in subsection (c)(3), by striking ‘‘part’’ and 
inserting ‘‘subpart’’; and 
(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and
100 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; 
and 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting 
‘‘chapter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL 
AGENCIES. 
Section 1125 (20 U.S.C. 6335) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘15.58’’ 
and inserting ‘‘15.59’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘15.58’’ and in-
serting ‘‘15.59’’; and 
(II) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; 
(iii) in clause (iii)—
101 
(I) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; and 
(II) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; and 
(II) by striking ‘‘38.24’’ and in-
serting ‘‘38.25’’; and 
(v) in clause (v), by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; 
(B) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘691’’ 
and inserting ‘‘692’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘692’’ and insert-
ing ‘‘693’’; and 
(II) by striking ‘‘2,262’’ and in-
serting ‘‘2,263’’; 
(iii) in clause (iii)— 
(I) by striking ‘‘2,263’’ and in-
serting ‘‘2,264’’; and 
(II) by striking ‘‘7,851’’ and in-
serting ‘‘7,852’’; 
(iv) in clause (iv)—
102 
(I) by striking ‘‘7,852’’ and in-
serting ‘‘7,853’’; and 
(II) by striking ‘‘35,514’’ and in-
serting ‘‘35,515’’; and 
(v) in clause (v), by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(2) by adding at the end the following: 
‘‘(f) APPLICATION.— 
‘‘(1) IN GENERAL.—The percentage and num-
ber ranges described in subparagraphs (B) and (C) 
of subsection (c)(2) shall be applied with respect to 
fiscal years 2016, 2017, 2018, 2019, 2020, and 
2021 as such percentages and numbers were in ef-
fect on the day before the date of the enactment of 
the Student Success Act. 
‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in subpara-
graphs (B) and (C) of subsection (c)(2) shall be ap-
plied as such percentages and numbers were in ef-
fect on the day before the date of the enactment of 
the Student Success Act unless the Secretary cer-
tifies that amendments made to such percentages 
and numbers by the Student Success Act will not re-
sult in harm to any school district.’’.
103 
SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 
AGENCIES IN FISCAL YEARS AFTER FISCAL 
YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to 
read as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDU-
CATIONAL 
AGENCIES 
IN 
FISCAL 
YEARS 
AFTER FISCAL YEAR 2001. 
‘‘(a) LIMITATION OF ALLOCATION.—Pursuant to sec-
tion 1122, the total amount allocated in any fiscal year 
after fiscal year 2001 for programs and activities under 
this subpart shall not exceed the amount allocated in fiscal 
year 2001 for such programs and activities unless the 
amount available for targeted grants to local educational 
agencies under section 1125 in the applicable fiscal year 
meets the requirements of section 1122(a). 
‘‘(b) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The formulas for distributing Targeted 
and Education Finance Incentive grants use two 
weighting systems, one based on the percentage of 
the aged 5-17 population in a local educational agen-
cy that is eligible to receive funds under this title 
(percentage weighting), and another based on the 
absolute 
number 
of 
such 
students 
(number 
weighting). Whichever of these weighting systems re-
104 
sults in the highest total weighted formula student 
count for a local educational agency is the weighting 
system used for that agency in the final allocation 
of Targeted and Education Finance Incentive Grant 
funds. 
‘‘(2) The Congressional Research Service has 
said the number weighting alternative is generally 
more favorable to large local educational agencies 
with much larger counts of eligible children, but not 
necessarily higher concentrations, weighted at the 
highest point in the scale than smaller local edu-
cational agencies with smaller counts, but higher 
concentrations, of eligible children. 
‘‘(3) The current percentage and number 
weighting scales are based on the most current data 
available in 2001 on the distribution of eligible chil-
dren across local educational agencies. 
‘‘(4) Prior to the date of the enactment of the 
Student Success Act, Congress expects updated data 
to be available, which will provide Congress an op-
portunity to update these scales based on such data. 
‘‘(5) When these scales are updated, Congress 
has a further obligation to evaluate the use of per-
centage and number weighting to ensure the most 
equitable distribution of Targeted and Education Fi-
105 
nance Incentive Grant funds to local educational 
agencies.’’. 
SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as 
subsections (a), (b), (c), and (d), respectively; 
(4) in subsection (b), as so redesignated, by re-
designating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively; 
(5) in subsection (c), as so redesignated— 
(A) in paragraph (1)(B)— 
(i) in clause (ii)—
106 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and
107 
(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; 
(B) in paragraph (2)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)—
108 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)—
109 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(C) in paragraph (3)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ 
and inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ 
and inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; and
110 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ 
and inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ 
and inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(e) APPLICATION.—
111 
‘‘(1) IN GENERAL.—The percentage and num-
ber ranges described in clauses (ii) and (iii) of para-
graph (1)(B), clauses (ii) and (iii) of paragraph 
(2)(B), and clauses (ii) and (iii) of paragraph (3)(B) 
shall be applied with respect to fiscal years 2016, 
2017, 2018, 2019, 2020, and 2021 as such percent-
ages and numbers were in effect on the day before 
the date of the enactment of the Student Success 
Act. 
‘‘(2) SECRETARY’S CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in clauses (ii) 
and (iii) of paragraph (1)(B), clauses (ii) and (iii) 
of paragraph (2)(B), and clauses (ii) and (iii) of 
paragraph (3)(B) shall be applied as such percent-
ages and numbers were in effect on the day before 
the date of the enactment of the Student Success 
Act unless the Secretary certifies that amendments 
made to such percentages and numbers by the Stu-
dent Success Act will not result in harm to any 
school district.’’. 
SEC. 129. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by strik-
ing ‘‘subpart’’ each place it appears and inserting ‘‘chap-
ter’’.
112 
SEC. 130. TITLE I PORTABILITY. 
Chapter B of subpart 1 of part A of title I (20 U.S.C. 
6331 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 
CHILD STATE OPTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law and to the extent permitted under State law, 
a State educational agency may allocate grant funds under 
this chapter among the local educational agencies in the 
State based on the number of eligible children enrolled in 
the public schools served by each local educational agency. 
‘‘(b) ELIGIBLE CHILD.— 
‘‘(1) DEFINITION.—In this section, the term 
‘eligible child’ means a child aged 5 to 17, inclusive, 
from a family with an income below the poverty level 
on the basis of the most recent satisfactory data 
published by the Department of Commerce. 
‘‘(2) CRITERIA OF POVERTY.—In determining 
the families with incomes below the poverty level for 
the purposes of this section, a State educational 
agency shall use the criteria of poverty used by the 
Census Bureau in compiling the most recent decen-
nial census, as the criteria have been updated by in-
creases in the Consumer Price Index for All Urban
113 
Consumers, published by the Bureau of Labor Sta-
tistics. 
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
DREN.—On an annual basis, on a date to be deter-
mined by the State educational agency, each local 
educational agency that receives grant funding in ac-
cordance with subsection (a) shall inform the State 
educational agency of the number of eligible children 
enrolled in public schools served by the local edu-
cational agency. 
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL 
AGENCIES.—Based on the identification of eligible 
children in paragraph (1), the State educational 
agency shall provide to a local educational agency an 
amount equal to the sum of the amount available for 
each eligible child in the State multiplied by the 
number of eligible children identified by the local 
educational agency under paragraph (1). 
‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 
educational agency that receives funds under para-
graph (2) shall distribute such funds to the public 
schools served by the local educational agency— 
‘‘(A) based on the number of eligible chil-
dren enrolled in such schools; and
114 
‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal re-
sources for the education of pupils participating 
in programs under this subpart, and not to sup-
plant such funds.’’. 
Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 
as amended by the preceding provisions of this Act, is fur-
ther amended— 
(1) by striking parts B through D and F 
through H; and 
(2) by inserting after subpart 1 of part A the 
following: 
‘‘Subpart 2—Education of Migratory Children 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and serv-
ices during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children.
115 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any 
manner by disparities among the States in cur-
riculum, graduation requirements, and State aca-
demic standards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome edu-
cational 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 such children benefit from State 
and local systemic reforms. 
‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.45 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts re-
served under subsection (a) and not reserved under section 
1138(c), the Secretary shall make allotments for the fiscal 
year to State educational agencies, or consortia of such
116 
agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory 
children in accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
of Puerto Rico) is entitled to receive under this subpart 
an amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of identified eligi-
ble full-time equivalent 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 mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State 
during the previous year; multiplied by 
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than 
32 percent, nor more than 48 percent, of the aver-
age per-pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2016 through 2018, no State
117 
shall receive less than 90 percent of the State’s allocation 
under this section for the previous year. 
‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 
year, the grant which the Commonwealth of Puerto Rico 
shall be eligible to receive under this subpart shall be the 
amount determined by multiplying the number of children 
who would be counted under subsection (a)(1) if such sub-
section applied to the Commonwealth of Puerto Rico by 
the product of— 
‘‘(1) 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, except that the percentage calculated 
under this subparagraph shall not be less than 85 
percent; and 
‘‘(2) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RATABLE REDUCTIONS.—If, after the 
Secretary reserves funds under section 1138(c), 
the amount appropriated to carry out this sub-
part for any fiscal year is insufficient to pay in 
full the amounts for which all States are eligi-
118 
ble, the Secretary shall ratably reduce each 
such amount. 
‘‘(B) REALLOCATION.—If additional funds 
become available for making such payments for 
any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary 
determines will best carry out the purpose of 
this subpart. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) FURTHER
REDUCTIONS.—The Sec-
retary shall further reduce the amount of any 
grant to a State under this subpart for any fis-
cal year if the Secretary determines, based on 
available information on the numbers and needs 
of migratory children in the State and the pro-
gram proposed by the State to address such 
needs, that such amount exceeds the amount 
required under section 1134. 
‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States 
whose grants under this subpart would other-
wise be insufficient to provide an appropriate 
level of services to migratory children, in such 
amounts as the Secretary determines are appro-
priate.
119 
‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this 
section, the Secretary shall consult with the State 
educational agency to determine whether consortium 
arrangements with another State or other appro-
priate entity would result in delivery of services in 
a more effective and efficient manner. 
‘‘(2) PROPOSALS.—Any State, regardless of the 
amount of such State’s allocation, may submit a 
consortium arrangement to the Secretary for ap-
proval. 
‘‘(3) APPROVAL.—The Secretary shall approve 
a consortium arrangement under paragraph (1) or 
(2) if the proposal demonstrates that the arrange-
ment will— 
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and 
‘‘(B) make more funds available for direct 
services to add substantially to the educational 
achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of
120 
migratory children residing in each State for purposes of 
this section, the Secretary shall— 
‘‘(1) use the most recent information that most 
accurately reflects the actual number of migratory 
children; 
‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information; 
‘‘(3) develop and implement a procedure for 
more accurately reflecting cost factors for different 
types of summer and intersession program designs; 
‘‘(4) adjust the full-time equivalent number of 
migratory children who reside in each State to take 
into account— 
‘‘(A) the unique needs of those children 
participating in evidence-based or other effec-
tive special programs provided under this sub-
part that operate during the summer and inter-
session periods; and 
‘‘(B) the additional costs of operating such 
programs; and 
‘‘(5) conduct an analysis of the options for ad-
justing the formula so as to better direct services to 
migratory children, including the most at-risk migra-
tory children.
121 
‘‘(g) NONPARTICIPATING STATES.—In the case of a 
State desiring to receive an allocation under this subpart 
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 migra-
tory children residing in the State until data is available 
to calculate the 3-year average number of such children 
in accordance with such subsection. 
‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 
‘‘(a) APPLICATION REQUIRED.—Any State desiring 
to receive a grant under this subpart 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 applica-
tion shall include— 
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this subpart, the State and its local op-
erating agencies will ensure that the unique edu-
cational needs of migratory children, including pre-
school migratory children, are identified and ad-
dressed through—