 
 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. 6396. 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 operating 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 chapter, 
        the Goals 2000: Educate America Act [20 U.S.C. 5801 et seq.], or 
        other Acts, as appropriate, consistent with section 8856 of this 
        title;
            (B) may be submitted as a part of consolidated application 
        under section 8852 of this title;
            (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 of 
        this subchapter, early childhood programs, and bilingual 
        education programs under part A of subchapter VII of this 
        chapter; and
            (G) provides for the integration of services available under 
        this part 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 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) of this section, 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 
            lifestyle, 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 of this 
            subchapter; and

            (B) all migratory children who are eligible to receive 
        services under part A of this subchapter shall receive such 
        services with funds provided under this part or under part A of 
        this subchapter.

                          (2) Construction

        Nothing in this part shall be construed to prohibit a local 
    operating agency from serving migrant students simultaneously with 
    students with similar educational needs, in the same educational 
    settings where appropriate.

                          (3) Special rule

        Notwithstanding section 6314 of this title, a school that 
    receives funds under this part shall continue to address the 
    identified needs described in paragraph (1)(A).

(Pub. L. 89-10, title I, Sec. 1306, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3589.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. 
(a)(1)(A), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except 
titles V and IX), as amended, which is classified principally to chapter 
68 (Sec. 5801 et seq.) of this title (except subchapters V (Sec. 5931 et 
seq.) and IX (Sec. 6001 et seq.)). For complete classification of this 
Act to the Code, see Short Title note set out under section 5801 of this 
title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 6394 of this title.
