 
 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. 6394. State applications; services


(a) Application required

    Any State desiring to receive a grant under this part 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 application shall include--
        (1) a description of how, in planning, implementing, and 
    evaluating programs and projects assisted under this part, the State 
    and its local operating agencies will ensure that the special 
    educational needs of migratory children, including preschool 
    migratory children, are identified and addressed through a 
    comprehensive plan for needs assessment and service delivery that 
    meets the requirements of section 6396 of this title;
        (2) a description of the steps the State is taking to provide 
    all migratory students with the opportunity to meet the same 
    challenging State content standards and challenging State student 
    performance standards that all children are expected to meet;
        (3) a description of how the State will use funds received under 
    this part to promote interstate and intrastate coordination of 
    services for migratory children, including how, consistent with 
    procedures the Secretary may require, the State will provide for 
    educational continuity through the timely transfer of pertinent 
    school records, including information on health, when children move 
    from one school to another, whether or not such move occurs during 
    the regular school year;
        (4) a description of the State's priorities for the use of funds 
    received under this part, 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 determine the amount of 
    any subgrants the State will award to local operating agencies, 
    taking into account the requirements of paragraph (1);
        (6) such budgetary and other information as the Secretary may 
    require; and
        (7) a description of how the State will encourage programs and 
    projects assisted under this part to offer family literacy services 
    if the program or project serves a substantial number of migratory 
    children who have parents who do not have a high school diploma or 
    its recognized equivalent or who have low levels of literacy.

(c) Assurances

    Each such application shall also include assurances, satisfactory to 
the Secretary, that--
        (1) funds received under this part will be used only--
            (A) for programs and projects, including the acquisition of 
        equipment, in accordance with section 6396(b)(1) of this title; 
        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 6314 of this title, 
    subsections (b) and (d) of section 6315 of this title, section 6321 
    of this title, and subsections (b) and (c) of section 6322 of this 
    title, and part F of this subchapter;
        (3) in the planning and operation of programs and projects at 
    both the State and local operating agency level, there is 
    appropriate consultation with parent advisory councils for programs 
    of one school year in duration, and that all such programs and 
    projects are carried out, to the extent feasible, in a manner 
    consistent with section 6319 of this title;
        (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 students, schools, 
    and local educational agencies under part A of this subchapter;
        (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) family literacy programs, including such programs that 
        use models developed under Even Start;
            (D) the integration of information technology into 
        educational 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 6393(e) of this title, 
    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 programs; and
        (3) secondary school students who were eligible for services in 
    secondary school may continue to be served through credit accrual 
    programs until graduation.

(Pub. L. 89-10, title I, Sec. 1304, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3587; amended Pub. L. 106-554, 
Sec. 1(a)(4) [div. B, title XVI, Sec. 1605], Dec. 21, 2000, 114 Stat. 
2763, 2763A-334.)


                               Amendments

    2000--Subsec. (b)(7). Pub. L. 106-554 added par. (7).

                  Section Referred to in Other Sections

    This section is referred to in section 6393 of this title.
