school to another, whether or not such a move oc-
curs during the regular school year; 
‘‘(4) a description of the State’s priorities for 
the use of funds received under this subpart, 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 deter-
mine the amount of any subgrants the State will 
award to local operating agencies, taking into ac-
count the numbers and needs of migratory children, 
the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local 
programs; and 
‘‘(6) a description of how the State will encour-
age programs and projects assisted under this sub-
part to offer family literacy services if the programs 
and projects serve a substantial number of migra-
tory children whose parents do not have a regular 
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 subpart will be 
used only— 
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‘‘(A) for programs and projects, including 
the acquisition of equipment, in accordance 
with section 1136; 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 1114, subsections (b) and (d) of section 
1115, subsections (b) and (c) of section 1120A, and 
part C; 
‘‘(3) in the planning and operation of programs 
and projects at both the State and local agency op-
erating level, there is consultation with parents of 
migratory children for programs of not less than one 
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 1118, un-
less extraordinary circumstances make such 
provision impractical; and 
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‘‘(B) in a format and language under-
standable to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education 
needs of preschool migratory children; 
‘‘(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 subpart 1; 
‘‘(6) to the extent feasible, such programs and 
projects will provide for— 
‘‘(A) advocacy and outreach activities for 
migratory children and their families, including 
informing such children and families of, or 
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) high-quality, evidence-based family 
literacy programs; 
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‘‘(D) the integration of information tech-
nology into educational and related programs; 
and 
‘‘(E) programs to facilitate the transition 
of secondary school students to postsecondary 
education or employment without the need for 
remediation; and 
‘‘(7) the State will assist the Secretary in deter-
mining the number of migratory children under 
paragraph (1) of section 1133(a). 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this subpart, 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 
academic standards under section 1111 (b)(1) . 
‘‘(e) 
CONTINUATION
OF
SERVICES.—Notwith-
standing any other provision of this subpart— 
‘‘(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 one additional 
school year, but only if comparable services are not 
available through other programs; and 
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‘‘(3) secondary school students who were eligi-
ble for services in secondary school may continue to 
be served through credit accrual programs until 
graduation. 
‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may re-
view any such application using a peer review process. 
‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES. 
‘‘(a) COMPREHENSIVE PLAN.— 
‘‘(1) IN GENERAL.—Each State that receives 
assistance under this subpart shall ensure that the 
State and its local operating agencies identify and 
address the unique educational needs of migratory 
children in accordance with a comprehensive State 
plan that— 
‘‘(A) is integrated with other programs 
under this Act or other Acts, as appropriate; 
‘‘(B) may be submitted as a part of a con-
solidated application under section 5302, if— 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
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‘‘(ii) the comprehensive State plan is 
developed in collaboration with parents of 
migratory children; and 
‘‘(iii) the comprehensive State plan is 
not used to supplant State efforts regard-
ing, or administrative funding for, this 
subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State 
academic standards under section 1111(b)(1) 
that all children are expected to meet; 
‘‘(D) specifies measurable program goals 
and outcomes; 
‘‘(E) encompasses the full range of services 
that are available for migratory children from 
appropriate local, State, and Federal edu-
cational programs; 
‘‘(F) is the product of joint planning 
among such local, State, and Federal programs, 
including programs under subpart 1, early 
childhood programs, and language instruction 
educational programs under chapter A of sub-
part 4; and 
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‘‘(G) provides for the integration of serv-
ices available under this subpart with services 
provided by such other programs. 
‘‘(2) DURATION
OF
THE
PLAN.—Each such 
comprehensive State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
subpart. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
‘‘(1) FLEXIBILITY.—In implementing the com-
prehensive plan described in subsection (a), each 
State educational agency, where applicable through 
its local educational agencies, shall have the flexi-
bility to determine the activities to be provided with 
funds made available under this subpart, except that 
such funds first shall be used to meet the identified 
needs of migratory children that result from their 
migratory lifestyle, and to permit these children to 
participate effectively in school. 
‘‘(2) UNADDRESSED NEEDS.—Funds provided 
under this subpart shall be used to address the 
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100 
needs of migratory children that are not addressed 
by services available from other Federal or non-Fed-
eral programs, except that migratory children who 
are eligible to receive services under subpart 1 may 
receive those services through funds provided under 
that subpart, or through funds under this subpart 
that remain after the agency addresses the needs de-
scribed in paragraph (1). 
‘‘(3) CONSTRUCTION.—Nothing in this subpart 
shall be construed to prohibit a local educational 
agency from serving migratory children simulta-
neously with students with similar educational needs 
in the same educational settings, where appropriate. 
‘‘SEC. 1137. BYPASS. 
‘‘The Secretary may use all or part of any State’s 
allocation under this subpart to make arrangements with 
any public or private agency to carry out the purpose of 
this subpart in such State if the Secretary determines 
that— 
‘‘(1) the State is unable or unwilling to conduct 
educational programs for migratory children; 
‘‘(2) such arrangements would result in more 
efficient and economic administration of such pro-
grams; or 
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101 
‘‘(3) such arrangements would add substantially 
to the educational achievement of such children. 
‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 
ACTIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher edu-
cation, and other public and private entities to im-
prove the interstate and intrastate coordination 
among such agencies’ educational programs, includ-
ing through the establishment or improvement of 
programs for credit accrual and exchange, available 
to migratory students. 
‘‘(2) DURATION.—Grants or contracts under 
this subsection may be awarded for not more than 
5 years. 
‘‘(b) STUDENT RECORDS.— 
‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing and maintaining an effective 
system for the electronic transfer of student records 
and in determining the number of migratory chil-
dren in each State. 
‘‘(2) INFORMATION SYSTEM.— 
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102 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the link-
age of migratory student record systems for the 
purpose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students. The Secretary 
shall ensure such linkage occurs in a cost-effec-
tive manner, utilizing systems used by the 
States prior to, or developed after, the date of 
enactment of this Act. The Secretary shall de-
termine the minimum data elements that each 
State receiving funds under this subpart shall 
collect and maintain. Such minimum data ele-
ments may include— 
‘‘(i) immunization records and other 
health information; 
‘‘(ii) elementary and secondary aca-
demic history (including partial credit), 
credit accrual, and results from State as-
sessments 
required 
under 
section 
1111(b)(2); 
‘‘(iii) other academic information es-
sential to ensuring that migratory children 
achieve to the States’s academic standards; 
and 
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103 
‘‘(iv) eligibility for services under the 
Individuals with Disabilities Education 
Act. 
‘‘(B) The Secretary shall consult with 
States before updating the data elements that 
each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
tronic transfer of migratory student information 
and the requirements that States shall meet for 
immediate electronic access to such information. 
‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this subpart shall make 
student records available to another State edu-
cational agency or local educational agency that re-
quests the records at no cost to the requesting agen-
cy, if the request is made in order to meet the needs 
of a migratory child. 
‘‘(4) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than April 
30, 2013, the Secretary shall report to the 
Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on 
Education and the Workforce of the House of 
Representatives the Secretary’s findings and 
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104 
recommendations regarding the maintenance 
and transfer of health and educational informa-
tion for migratory students by the States. 
‘‘(B) REQUIRED
CONTENTS.—The Sec-
retary shall include in such report— 
‘‘(i) a review of the progress of States 
in developing and linking electronic records 
transfer systems; 
‘‘(ii) recommendations for maintaining 
such systems; and 
‘‘(iii) recommendations for improving 
the continuity of services provided for mi-
gratory students. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
reserve not more than $10,000,000 of the amount re-
served under section 1132 to carry out this section for 
each fiscal year. 
‘‘(d) DATA COLLECTION.—The Secretary shall direct 
the National Center for Education Statistics to collect 
data on migratory children. 
‘‘SEC. 1139. DEFINITIONS. 
‘‘As used in this subpart: 
‘‘(1) LOCAL
OPERATING
AGENCY.—The term 
‘local operating agency’ means— 
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105 
‘‘(A) a local educational agency to which a 
State educational agency makes a subgrant 
under this subpart; 
‘‘(B) a public or private agency with which 
a State educational agency or the Secretary 
makes an arrangement to carry out a project 
under this subpart; or 
‘‘(C) a State educational agency, if the 
State educational agency operates the State’s 
migratory education program or projects di-
rectly. 
‘‘(2) MIGRATORY CHILD.—The term ‘migratory 
child’ means a child who is, or whose parent or 
spouse is, a migratory agricultural worker, including 
a migratory dairy worker, or a migratory fisher, and 
who, in the preceding 36 months, in order to obtain, 
or accompany such parent or spouse, in order to ob-
tain, temporary or seasonal employment in agricul-
tural or fishing work— 
‘‘(A) has moved from one school district to 
another; 
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or 
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106 
‘‘(C) resides in a school district of more 
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity. 
‘‘SUBPART 3—PREVENTION
AND INTERVENTION PRO-
GRAMS FOR CHILDREN AND YOUTH WHO ARE NE-
GLECTED, DELINQUENT, OR AT-RISK 
‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 
‘‘(a) PURPOSE.—It is the purpose of this subpart— 
‘‘(1) to improve educational services for chil-
dren and youth in local and State institutions for 
neglected or delinquent children and youth so that 
such children and youth have the opportunity to 
meet the same State academic standards that all 
children in the State are expected to meet; 
‘‘(2) to provide such children and youth with 
the services needed to make a successful transition 
from institutionalization to further schooling or em-
ployment; and 
‘‘(3) to prevent at-risk youth from dropping out 
of school, and to provide dropouts, and children and 
youth returning from correctional facilities or insti-
tutions for neglected or delinquent children and 
youth, with a support system to ensure their contin-
ued education. 
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107 
‘‘(b) PROGRAM AUTHORIZED.—From amounts ap-
propriated under section 3(a)(1), the Secretary shall re-
serve 0.3 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts re-
served under subsection (b) and not reserved under section 
1004 and section 1159, the Secretary shall make grants 
to State educational agencies that have plans submitted 
under section 1154 approved to enable such agencies to 
award subgrants to State agencies and local educational 
agencies to establish or improve programs of education for 
neglected, delinquent, or at-risk children and youth. 
‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-
PART. 
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 
amount computed under section 1152, the Secretary shall 
allocate to each State educational agency an amount nec-
essary to make subgrants to State agencies under chapter 
A. 
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 
for the purpose of carrying out chapter B, funds generated 
throughout the State under subpart 1 of this part based 
on children and youth residing in local correctional facili-
ties, or attending community day programs for delinquent 
children and youth. 
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108 
‘‘CHAPTER A—STATE AGENCY PROGRAMS 
‘‘SEC. 1151. ELIGIBILITY. 
‘‘A State agency is eligible for assistance under this 
chapter if such State agency is responsible for providing 
free public education for children and youth— 
‘‘(1) in institutions for neglected or delinquent 
children and youth; 
‘‘(2) attending community day programs for ne-
glected or delinquent children and youth; or 
‘‘(3) in adult correctional institutions. 
‘‘SEC. 1152. ALLOCATION OF FUNDS. 
‘‘(a) SUBGRANTS TO STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each State agency de-
scribed in section 1151 (other than an agency in the 
Commonwealth of Puerto Rico) is eligible to receive 
a subgrant under this chapter, for each fiscal year, 
in an amount equal to the product of— 
‘‘(A) the number of neglected or delinquent 
children and youth described in section 1151 
who— 
‘‘(i) are enrolled for at least 15 hours 
per week in education programs in adult 
correctional institutions; and 
‘‘(ii) are enrolled for at least 20 hours 
per week— 
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109 
‘‘(I) in education programs in in-
stitutions for neglected or delinquent 
children and youth; or 
‘‘(II) in community day programs 
for neglected or delinquent children 
and youth; and 
‘‘(B) 40 percent of the average per-pupil 
expenditure in the State, except that the 
amount determined under this subparagraph 
shall not be less than 32 percent, nor more 
than 48 percent, of the average per-pupil ex-
penditure in the United States. 
‘‘(2) SPECIAL RULE.—The number of neglected 
or delinquent children and youth determined under 
paragraph (1) shall— 
‘‘(A) be determined by the State agency by 
a deadline set by the Secretary, except that no 
State agency shall be required to determine the 
number of such children and youth on a specific 
date set by the Secretary; and 
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative 
length of such agency’s annual programs. 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
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110 
‘‘(1) IN GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this chapter shall be the amount deter-
mined by multiplying the number of children count-
ed under subsection (a)(1)(A) for the Common-
wealth of Puerto Rico by the product of— 
‘‘(A) the percentage which 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; and 
‘‘(B) 32 percent of the average per-pupil 
expenditure in the United States. 
‘‘(2) MINIMUM PERCENTAGE.—The percentage 
in paragraph (1)(A) shall not be less than 85 per-
cent. 
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI-
CIENT APPROPRIATIONS.—If the amount reserved for any 
fiscal year for subgrants under subsections (a) and (b) is 
insufficient to pay the full amount for which all State 
agencies are eligible under such subsections, the Secretary 
shall ratably reduce each such amount. 
‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 
‘‘If a State educational agency determines that a 
State agency does not need the full amount of the 
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111 
subgrant for which such State agency is eligible under this 
chapter for any fiscal year, the State educational agency 
may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry 
out the purpose of this chapter, in such amounts as the 
State educational agency shall determine. 
‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this 
chapter shall submit, for approval by the Secretary, 
a plan— 
‘‘(A) for meeting the educational needs of 
neglected, delinquent, and at-risk children and 
youth; 
‘‘(B) for assisting in the transition of chil-
dren and youth from correctional facilities to lo-
cally operated programs; and 
‘‘(C) that is integrated with other pro-
grams under this Act or other Acts, as appro-
priate. 
‘‘(2) CONTENTS.—Each such State plan shall— 
‘‘(A) describe how the State will assess the 
effectiveness of the program in improving the 
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112 
academic, career, and technical skills of chil-
dren in the program; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities 
to achieve as such children would have if such 
children were in the schools of local educational 
agencies in the State; 
‘‘(C) describe how the State will place a 
priority for such children to obtain a regular 
high school diploma, to the extent feasible; and 
‘‘(D) contain an assurance that the State 
educational agency will— 
‘‘(i) ensure that programs assisted 
under this chapter will be carried out in 
accordance with the State plan described 
in this subsection; 
‘‘(ii) carry out the evaluation require-
ments of section 1171; and 
‘‘(iii) ensure that the State agencies 
receiving subgrants under this chapter 
comply with all applicable statutory and 
regulatory requirements. 
‘‘(3) DURATION
OF
THE
PLAN.—Each such 
State plan shall— 
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113 
‘‘(A) remain in effect for the duration of 
the State’s participation under this chapter; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
chapter. 
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL APPROVAL.—The Secretary 
shall approve each State plan that meets the re-
quirements of this chapter. 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State 
agency that desires to receive funds to carry out a pro-
gram under this chapter shall submit an application to 
the State educational agency that— 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to 
assess the educational needs of the children to be 
served under this chapter; 
‘‘(2) provide an assurance that in making serv-
ices available to children and youth in adult correc-
tional institutions, priority will be given to such chil-
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114 
dren and youth who are likely to complete incarcer-
ation within a 2-year period; 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual up-
dates to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan; 
‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and 
operation of institution-wide projects under section 
1156 are of high quality; 
‘‘(6) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under title I of Public Law 
105–220, career and technical education programs, 
State and local dropout prevention programs, and 
special education programs; 
‘‘(7) describes how the State agency will en-
courage correctional facilities receiving funds under 
this chapter to coordinate with local educational 
agencies or alternative education programs attended 
by incarcerated children and youth prior to and after 
their incarceration to ensure that student assess-
ments and appropriate academic records are shared 
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jointly between the correctional facility and the local 
educational agency or alternative education program; 
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other 
staff; 
‘‘(9) designates an individual in each affected 
correctional facility or institution for neglected or 
delinquent children and youth to be responsible for 
issues relating to the transition of such children and 
youth from such facility or institution to locally op-
erated programs; 
‘‘(10) describes how the State agency will en-
deavor to coordinate with businesses for training and 
mentoring for participating children and youth; 
‘‘(11) provides an assurance that the State 
agency will assist in locating alternative programs 
through which students can continue their education 
if the students are not returning to school after leav-
ing the correctional facility or institution for ne-
glected or delinquent children and youth; 
‘‘(12) provides assurances that the State agency 
will work with parents to secure parents’ assistance 
in improving the educational achievement of their 
children and youth, and preventing their children’s 
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and youth’s further involvement in delinquent activi-
ties; 
‘‘(13) provides an assurance that the State 
agency will work with children and youth with dis-
abilities in order to meet an existing individualized 
education program and an assurance that the agen-
cy will notify the child’s or youth’s local school if the 
child or youth— 
‘‘(A) is identified as in need of special edu-
cation services while the child or youth is in the 
correctional facility or institution for neglected 
or delinquent children and youth; and 
‘‘(B) intends to return to the local school; 
‘‘(14) provides an assurance that the State 
agency will work with children and youth who 
dropped out of school before entering the correc-
tional facility or institution for neglected or delin-
quent children and youth to encourage the children 
and youth to reenter school and obtain a regular 
high school diploma once the term of the incarcer-
ation is completed, or provide the child or youth with 
the skills necessary to gain employment, continue 
the education of the child or youth, or obtain a reg-
ular high school diploma or its recognized equivalent 
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if the child or youth does not intend to return to 
school; 
‘‘(15) provides an assurance that effective 
teachers and other qualified staff are trained to 
work with children and youth with disabilities and 
other students with special needs taking into consid-
eration the unique needs of such students; 
‘‘(16) describes any additional services to be 
provided to children and youth, such as career coun-
seling, distance education, and assistance in securing 
student loans and grants; and 
‘‘(17) provides an assurance that the program 
under this chapter will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) or other comparable programs, if applicable. 
‘‘SEC. 1155. USE OF FUNDS. 
‘‘(a) USES.— 
‘‘(1) IN GENERAL.—A State agency shall use 
funds received under this chapter only for programs 
and projects that— 
‘‘(A) are consistent with the State plan 
under section 1154(a); and 
‘‘(B) concentrate on providing participants 
with the knowledge and skills needed to make 
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a successful transition to secondary school com-
pletion, career or technical training, further 
education, or employment without the need for 
remediation. 
‘‘(2) PROGRAMS
AND
PROJECTS.—Such pro-
grams and projects— 
‘‘(A) may include the acquisition of equip-
ment; 
‘‘(B) shall be designed to support edu-
cational services that— 
‘‘(i) 
except 
for 
institution-wide 
projects under section 1156, are provided 
to children and youth identified by the 
State agency as failing, or most at-risk of 
failing, to meet the State’s academic stand-
ards; and 
‘‘(ii) supplement and improve the 
quality of the educational services provided 
to such children and youth by the State 
agency; and 
‘‘(iii) afford such children and youth 
an opportunity to meet State academic 
standards; and 
‘‘(C) shall be carried out in a manner con-
sistent with section 1120A and part C (as ap-
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plied to programs and projects under this chap-
ter). 
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 
under this chapter that supplements the number of hours 
of instruction students receive from State and local 
sources shall be considered to comply with the supplement, 
not supplant the requirement of section 1120A (as applied 
to this chapter) without regard to the subject areas in 
which instruction is given during those hours. 
‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 
‘‘A State agency that provides free public education 
for children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correc-
tional institution) or attending a community day program 
for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the 
State agency has developed, and the State educational 
agency has approved, a comprehensive plan for that insti-
tution or program that— 
‘‘(1) provides for a comprehensive assessment 
of the educational needs of all children and youth in 
the institution or program serving juveniles; 
‘‘(2) provides for a comprehensive assessment 
of the educational needs of youth aged 20 and 
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younger in adult facilities who are expected to com-
plete incarceration within a 2-year period; 
‘‘(3) describes the steps the State agency has 
taken, or will take, to provide all children and youth 
under age 21 with the opportunity to meet State 
academic standards in order to improve the likeli-
hood that the children and youth will complete sec-
ondary school, obtain a regular high school diploma 
or its recognized equivalent, or find employment 
after leaving the institution; 
‘‘(4) describes the instructional program, spe-
cialized instructional support services, and proce-
dures that will be used to meet the needs described 
in paragraph (1), including, to the extent feasible, 
the provision of mentors for the children and youth 
described in paragraph (1); 
‘‘(5) specifically describes how such funds will 
be used; 
‘‘(6) describes the measures and procedures 
that will be used to assess and improve student 
achievement; 
‘‘(7) describes how the agency has planned, and 
will implement and evaluate, the institution-wide or 
program-wide project in consultation with personnel 
providing direct instructional services and support 
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services in institutions or community day programs 
for neglected or delinquent children and youth, and 
with personnel from the State educational agency; 
and 
‘‘(8) includes an assurance that the State agen-
cy has provided for appropriate training for teachers 
and other instructional and administrative personnel 
to enable such teachers and personnel to carry out 
the project effectively. 
‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 
‘‘If a State agency operates a program or project 
under this chapter in which individual children or youth 
are likely to participate for more than one year, the State 
educational agency may approve the State agency’s appli-
cation for a subgrant under this chapter for a period of 
not more than 3 years. 
‘‘SEC. 1158. TRANSITION SERVICES. 
‘‘(a) TRANSITION SERVICES.—Each State agency 
shall reserve not less than 15 percent and not more than 
30 percent of the amount such agency receives under this 
chapter for any fiscal year to support— 
‘‘(1) projects that facilitate the transition of 
children and youth from State-operated institutions 
to schools served by local educational agencies; or 
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‘‘(2) the successful re-entry of youth offenders, 
who are age 20 or younger and have received a reg-
ular high school diploma or its recognized equiva-
lent, into postsecondary education, or career and 
technical training programs, through strategies de-
signed to expose the youth to, and prepare the youth 
for, postsecondary education, or career and technical 
training programs, such as— 
‘‘(A) preplacement programs that allow ad-
judicated or incarcerated youth to audit or at-
tend courses on college, university, or commu-
nity college campuses, or through programs 
provided in institutional settings; 
‘‘(B) worksite schools, in which institutions 
of higher education and private or public em-
ployers partner to create programs to help stu-
dents make a successful transition to postsec-
ondary education and employment; and 
‘‘(C) essential support services to ensure 
the success of the youth, such as— 
‘‘(i) personal, career and technical, 
and academic counseling; 
‘‘(ii) placement services designed to 
place the youth in a university, college, or 
junior college program; 
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‘‘(iii) information concerning, and as-
sistance in obtaining, available student fi-
nancial aid; 
‘‘(iv) counseling services; and 
‘‘(v) job placement services. 
‘‘(b) CONDUCT OF PROJECTS.—A project supported 
under this section may be conducted directly by the State 
agency, or through a contract or other arrangement with 
one or more local educational agencies, other public agen-
cies, or private organizations. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a school that receives 
funds under subsection (a) from serving neglected and de-
linquent children and youth simultaneously with students 
with similar educational needs, in the same educational 
settings where appropriate. 
‘‘SEC. 1159. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall reserve not more than 1 percent 
of the amount reserved under section 1141 to provide 
technical assistance to and support State agency programs 
assisted under this chapter. 
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‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 
‘‘SEC. 1161. PURPOSE. 
‘‘The purpose of this chapter is to support the oper-
ation of local educational agency programs that involve 
collaboration with locally operated correctional facilities— 
‘‘(1) to carry out high quality education pro-
grams to prepare children and youth for secondary 
school completion, training, employment, or further 
education; 
‘‘(2) to provide activities to facilitate the transi-
tion of such children and youth from the correctional 
program to further education or employment; and 
‘‘(3) to operate programs in local schools for 
children and youth returning from correctional facili-
ties, and programs which may serve at-risk children 
and youth. 
‘‘SEC. 
1162. 
PROGRAMS 
OPERATED 
BY 
LOCAL 
EDU-
CATIONAL AGENCIES. 
‘‘(a) LOCAL SUBGRANTS.—With funds made avail-
able under section 1142(b), the State educational agency 
shall award subgrants to local educational agencies with 
high numbers or percentages of children and youth resid-
ing in locally operated (including county operated) correc-
tional facilities for children and youth (including facilities 
involved in community day programs). 
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‘‘(b) SPECIAL RULE.—A local educational agency 
that serves a school operated by a correctional facility is 
not required to operate a program of support for children 
and youth returning from such school to a school that is 
not operated by a correctional agency but served by such 
local educational agency, if more than 30 percent of the 
children and youth attending the school operated by the 
correctional facility will reside outside the boundaries 
served by the local educational agency after leaving such 
facility. 
‘‘(c) NOTIFICATION.—A State educational agency 
shall notify local educational agencies within the State of 
the eligibility of such agencies to receive a subgrant under 
this chapter. 
‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.— 
Transitional and supportive programs operated in local 
educational agencies under this chapter shall be designed 
primarily to meet the transitional and academic needs of 
students returning to local educational agencies or alter-
native education programs from correctional facilities. 
Services to students at-risk of dropping out of school shall 
not have a negative impact on meeting the transitional and 
academic needs of the students returning from correc-
tional facilities. 
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‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
‘‘Each local educational agency desiring assistance 
under this chapter shall submit an application to the State 
educational agency that contains such information as the 
State educational agency may require. Each such applica-
tion shall include— 
‘‘(1) a description of the program to be as-
sisted; 
‘‘(2) a description of formal agreements, re-
garding the program to be assisted, between— 
‘‘(A) the local educational agency; and 
‘‘(B) correctional facilities and alternative 
school programs serving children and youth in-
volved with the juvenile justice system; 
‘‘(3) as appropriate, a description of how par-
ticipating schools will coordinate with facilities work-
ing with delinquent children and youth to ensure 
that such children and youth are participating in an 
education program comparable to one operating in 
the local school such youth would attend; 
‘‘(4) a description of the program operated by 
participating schools for children and youth return-
ing from correctional facilities and, as appropriate, 
the types of services that such schools will provide 
such children and youth and other at-risk children 
and youth; 
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‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems, 
and other needs) of the children and youth who will 
be returning from correctional facilities and, as ap-
propriate, other at-risk children and youth expected 
to be served by the program, and a description of 
how the school will coordinate existing educational 
programs to meet the unique educational needs of 
such children and youth; 
‘‘(6) as appropriate, a description of how 
schools will coordinate with existing social, health, 
and other services to meet the needs of students re-
turning from correctional facilities and at-risk chil-
dren or youth, including prenatal health care and 
nutrition services related to the health of the parent 
and the child or youth, parenting and child develop-
ment classes, child care, targeted reentry and out-
reach programs, referrals to community resources, 
and scheduling flexibility; 
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training, 
curriculum-based youth entrepreneurship education, 
and mentoring services for participating students; 
‘‘(8) as appropriate, a description of how the 
program will involve parents in efforts to improve 
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the educational achievement of their children, assist 
in dropout prevention activities, and prevent the in-
volvement of their children in delinquent activities; 
‘‘(9) a description of how the program under 
this chapter will be coordinated with other Federal, 
State, and local programs, such as programs under 
title I of Public Law 105–220 and career and tech-
nical education programs serving at-risk children 
and youth; 
‘‘(10) a description of how the program will be 
coordinated with programs operated under the Juve-
nile Justice and Delinquency Prevention Act of 1974 
and other comparable programs, if applicable; 
‘‘(11) as appropriate, a description of how 
schools will work with probation officers to assist in 
meeting the needs of children and youth returning 
from correctional facilities; 
‘‘(12) a description of the efforts participating 
schools will make to ensure correctional facilities 
working with children and youth are aware of a 
child’s or youth’s existing individualized education 
program; and 
‘‘(13) as appropriate, a description of the steps 
participating schools will take to find alternative 
placements for children and youth interested in con-
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‘‘(1) IN GENERAL.—A State educational agency 
may consolidate the amounts specifically made avail-
able to it for State administration under one or 
more of the programs under paragraph (2). 
‘‘(2) APPLICABILITY.—This section applies to 
any program under this Act under which funds are 
authorized to be used for administration, and such 
other programs as the Secretary may designate. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
shall use the amount available under this section for 
the administration of the programs included in the 
consolidation under subsection (a). 
‘‘(2) ADDITIONAL USES.—A State educational 
agency may also use funds available under this sec-
tion for administrative activities designed to enhance 
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection 
(a), such as— 
‘‘(A) the coordination of those programs 
with other Federal and non-Federal programs; 
‘‘(B) the establishment and operation of 
peer-review mechanisms under this Act; 
‘‘(C) the administration of this title; 
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