 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
                 Part C--Education of Migratory Children
 
Sec. 6393. State allocations


(a) State allocations

    Each State (other than the Commonwealth of Puerto Rico) is entitled 
to receive under this part, for each fiscal year, an amount equal to--
        (1) the sum of the estimated number of migratory children aged 
    three through 21 who reside in the State full time and the full-time 
    equivalent of the estimated number of migratory children aged three 
    through 21 who reside in the State part time, as determined in 
    accordance with subsection (e) of this section; multiplied by
        (2) 40 percent of the average per-pupil expenditure in the 
    State, except that the amount determined under this paragraph shall 
    not be less than 32 percent, nor more than 48 percent, of the 
    average expenditure per pupil in the United States.

(b) Allocation to Puerto Rico

    For each fiscal year, the amount for which the Commonwealth of 
Puerto Rico is eligible under this section shall be equal to--
        (1) the number of migratory children in Puerto Rico, determined 
    under subsection (a)(1) of this section; multiplied by
        (2) the product of--
            (A) the percentage that the average per-pupil expenditure in 
        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.

(c) Ratable reductions; reallocations

                           (1) In general

        (A) If, after the Secretary reserves funds under section 6398(c) 
    of this title, the amount appropriated to carry out this part for 
    any fiscal year is insufficient to pay in full the amounts for which 
    all States are eligible, the Secretary shall ratably reduce each 
    such amount.
        (B) 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 part.

                          (2) Special rule

        (A) The Secretary shall further reduce the amount of any grant 
    to a State under this part for any fiscal year if the Secretary 
    determines, based on available information on the numbers and needs 
    of migratory children in the State and the program proposed by the 
    State to address such needs, that such amount exceeds the amount 
    required under section 6394 of this title.
        (B) The Secretary shall reallocate such excess funds to other 
    States whose grants under this part would otherwise be insufficient 
    to provide an appropriate level of services to migratory children, 
    in such amounts as the Secretary determines are appropriate.

(d) 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 appropriate 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 approval.

                            (3) Approval

        The Secretary shall approve a consortium arrangement under 
    paragraph (1) or (2) if the proposal demonstrates that the 
    arrangement will--
            (A) reduce administrative costs or program function costs 
        for State programs; and
            (B) make more funds available for direct services to add 
        substantially to the welfare or educational attainment of 
        children to be served under this part.

(e) Determining numbers of eligible children

    In order to determine the estimated number of migratory children 
residing in each State for purposes of this section, the Secretary 
shall--
        (1) use such information as the Secretary finds most accurately 
    reflects the actual number of migratory children;
        (2) develop and implement a procedure for more accurately 
    reflecting cost factors for different types of summer and 
    intersession program designs;
        (3) adjust the full-time equivalent number of migratory children 
    who reside in each State to take into account--
            (A) the special needs of those children participating in 
        special programs provided under this part that operate during 
        the summer and intersession periods; and
            (B) the additional costs of operating such programs; and

        (4) conduct an analysis of the options for adjusting the formula 
    so as to better direct services to the child whose education has 
    been interrupted.

(Pub. L. 89-10, title I, Sec. 1303, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3585.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6394, 6398 of this title.
