H. R. 6—71
grams of one school year in duration, and that all such pro-
grams and projects are carried out, to the extent feasible,
in a manner consistent with section 1118;
‘‘(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
‘‘(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 stu-
dents, schools, and local educational agencies under part A;
‘‘(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 chil-
dren 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) family literacy programs, including such programs
that use models developed under Even Start;
‘‘(D) the integration of information technology into edu-
cational and related programs; and
‘‘(E) programs to facilitate the transition of secondary
school students to postsecondary education or employment;
and
‘‘(7) the State will assist the Secretary in determining the
number of migratory children under section 1303(e), through
such procedures as the Secretary may require.
‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk
of failing, to meet the State’s challenging State content standards
and challenging State student performance standards, and whose
education has been interrupted during the regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other
provision of this part—
‘‘(1) a child who ceases to be a migratory child during
a school term shall be eligible for services until the end of
such term;
‘‘(2) a child who is no longer a migratory child may continue
to receive services for one additional school year, but only
if comparable services are not available through other pro-
grams; and
‘‘(3) secondary school students who were eligible for services
in secondary school may continue to be served through credit
accrual programs until graduation.
‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each
State application that meets the requirements of this part.
‘‘(b) PEER
REVIEW.—The Secretary may review any such
application with the assistance and advice of State officials and
other individuals with relevant expertise.
H. R. 6—72
‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN
GENERAL.—Each State that receives assistance
under this part shall ensure that the State and its local operat-
ing agencies identify and address the special educational needs
of migratory children in accordance with a comprehensive State
plan that—
‘‘(A) is integrated with other programs under this Act,
the Goals 2000: Educate America Act, or other Acts, as
appropriate, consistent with section 14306;
‘‘(B) may be submitted as a part of consolidated applica-
tion under section 14302;
‘‘(C) provides that migratory children will have an
opportunity to meet the same challenging State content
standards and challenging State student performance
standards, set out in such plans, 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 educational programs;
‘‘(F) is the product of joint planning among such local,
State, and Federal programs, including programs under
part A, early childhood programs, and bilingual education
programs under part A of title VII; and
‘‘(G) provides for the integration of services available
under this part with services provided by such other pro-
grams.
‘‘(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 part; and
‘‘(B) be periodically reviewed and revised by the State,
as necessary, to reflect changes in the State’s strategies
and programs under this part.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In implementing the comprehensive plan
described in subsection (a), each local operating agency shall
have the flexibility to determine the activities to be provided
with funds made available under this part, except that—
‘‘(A) before funds under this part are used to provide
services described in subparagraph (B), such funds shall
be used to meet the identified needs of migratory children
that—
‘‘(i) result from the effects of their migratory life-
style, or are needed to permit migratory children to
participate effectively in school; and
‘‘(ii) are not addressed by services provided under
other programs, including programs under part A; and
‘‘(B) all migratory children who are eligible to receive
services under part A shall receive such services with funds
provided under this part or under part A.
‘‘(2) CONSTRUCTION.—Nothing in this part shall be con-
strued to prohibit a local operating agency from serving migrant
students simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
H. R. 6—73
‘‘(3) SPECIAL RULE.—Notwithstanding section 1114, a school
that receives funds under this part shall continue to address
the identified needs described in paragraph (1)(A).
‘‘SEC. 1307. BYPASS.
‘‘The Secretary may use all or part of any State’s allocation
under this part to make arrangements with any public or private
nonprofit agency to carry out the purpose of this part 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 programs; or
‘‘(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
‘‘(a) IMPROVEMENT OF COORDINATION.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private nonprofit
entities to improve the interstate and intrastate coordination
among such agencies’ educational programs, including the
establishment or improvement of programs for credit accrual
and exchange, available to migratory students.
‘‘(2) DURATION.—Grants under this subpart may be
awarded for not more than five years.
‘‘(b) ASSISTANCE AND REPORTING.—
‘‘(1) STUDENT
RECORDS.—(A) The Secretary shall solicit
information on how student records are transferred from one
school to another and shall solicit recommendations on whether
new procedures and technologies for record transfer should
be employed to better meet the needs of the migrant population.
‘‘(B) The Secretary shall also seek recommendations on
the most effective means for determining the number of stu-
dents or full-time equivalent students in each State for the
purpose of allocating funds under this part.
‘‘(2) REPORT TO CONGRESS.—(A) Not later than April 30,
1995, the Secretary shall report to the Committee on Labor
and Human Resources of the Senate and the Committee on
Education and Labor of the House of Representatives the Sec-
retary’s findings and recommendations, and shall include in
this report, recommendations for interim measures that may
be taken to ensure continuity of services in this program.
‘‘(B) The Secretary shall assist States in developing effective
methods for the transfer of student records and in determining
the number of students or full-time equivalent students in
each State if such interim measures are required.
‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve not
more than $6,000,000 of the amount appropriated to carry out
this part for such year.
‘‘(d) INCENTIVE GRANTS.—
‘‘(1) IN GENERAL.—From the amounts made available to
carry out this section, the Secretary shall reserve not more
than $1,500,000 to award, on a competitive basis, grants in
H. R. 6—74
the amount of not more than $250,000 to State educational
agencies with consortium agreements under section 1303(d).
‘‘(2) LIMITATION.—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.
‘‘SEC. 1309. DEFINITIONS.
‘‘As used in this part:
‘‘(1) LOCAL OPERATING AGENCY.—The term ‘local operating
agency’ means—
‘‘(A) a local educational agency to which a State edu-
cational agency makes a subgrant under this part;
‘‘(B) a public or nonprofit private agency with which
a State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
‘‘(C) a State educational agency, if the State edu-
cational agency operates the State’s migrant education pro-
gram or projects directly.
‘‘(2) MIGRATORY CHILD.—The term ‘migratory child’ means
a child who is, or whose parent, spouse, or guardian 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, spouse,
or guardian in order to obtain, temporary or seasonal employ-
ment in agricultural or fishing work—
‘‘(A) has moved from one school district to another;
‘‘(B) in a State that is comprised of a single school
district, has moved from one administrative area to another
within such district; or
‘‘(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or more
to a temporary residence to engage in a fishing activity.
‘‘PART D—PREVENTION AND INTERVENTION
PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT
RISK OF DROPPING OUT
‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
‘‘(2) There is a strong correlation between academic failure
and involvement in delinquent activities.
‘‘(3) Preventing students from dropping out of local schools
and addressing the educational needs of delinquent youth can
help reduce the dropout rate and involvement in delinquent
activities at the same time.
‘‘(4) Many schools and correctional facilities fail to commu-
nicate regarding a youth’s academic needs and students often
return to their home school ill-prepared to meet current curricu-
lum requirements.
‘‘(5) Schools are often reluctant to deal with youth returning
from facilities and receive no funds to deal with the unique
educational and other needs of such youth.