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 2013 through 2015, no State 
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), 
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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-
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 
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level of services to migratory children, in such 
amounts as the Secretary determines are appro-
priate. 
‘‘(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. 
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‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of 
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 
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migratory children, including the most at-risk migra-
tory children. 
‘‘(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-
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school migratory children, are identified and ad-
dressed through— 
‘‘(A) the full range of services that are 
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams; 
‘‘(B) joint planning among local, State, 
and Federal educational programs serving mi-
gratory children, including language instruction 
educational programs under chapter A of sub-
part 4; and 
‘‘(C) the integration of services available 
under this subpart with services provided by 
those other programs; 
‘‘(2) a description of the steps the State is tak-
ing to provide all migratory students with the oppor-
tunity to meet the same State academic standards 
that all children are expected to meet; 
‘‘(3) a description of how the State will use 
funds received under this subpart to promote inter-
state and intrastate coordination of services for mi-
gratory children, including how the State will pro-
vide for educational continuity through the timely 
transfer of pertinent school records, including infor-
mation on health, when children move from one 
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