§6398 — Title 20 Education | U.S. Code

Summary

The Secretary can give grants or make contracts with state and local school agencies, colleges, and other groups to help schools work together better for migratory children. Grants can last up to 5 years. The Secretary must help states move student records electronically and count how many migratory children each state has. The Secretary must also link state record systems so states can share health and school information cost-effectively, using systems used before or made after December 10, 2015. Shared data can include immunizations, school history and partial credits, state test results, and special education eligibility. After talking with states, the Secretary must ask the public for comments on any new required data and access rules. States and districts must give student records free to another state or district that asks for them to meet a migratory child’s needs. Each year the Secretary must set aside up to $10,000,000 for these tasks. Up to $3,000,000 of that may fund competitive grants of up to $250,000 to state agencies that form partnerships to help children with interrupted schooling. The Secretary must also tell the National Center for Education Statistics to collect data on migratory children.

Title 20, §6398

Education — Source: USLM XML via OLRC

(a)(1)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 entities to improve the interstate and intrastate coordination among such agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and exchange, available to migratory children.

(2)Grants under this subsection may be awarded for not more than 5 years.

(b)(1)The Secretary shall assist States in the electronic transfer of student records and in determining the number of migratory children in each State.

(2)(A)The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, December 10, 2015. Such information may include—

(i)immunization records and other health information;

(ii)elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments under section 6311(b)(2) of this title;

(iii)other academic information essential to ensuring that migratory children achieve to the challenging State academic standards; and

(iv)eligibility for services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(B)The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—

(i)the effectiveness of the system described in subparagraph (A); and

(ii)the ongoing improvement of such system.

(C)After consulting with the States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on any new proposed data elements that each State receiving funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information.

(3)A State educational agency or local educational agency receiving assistance under this part shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child.

(c)For the purpose of carrying out this section in any fiscal year, the Secretary shall reserve not more than $10,000,000 of the amount appropriated to carry out this part for such year.

(d)From the amounts made available to carry out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to award grants of not more than $250,000 on a competitive basis to State educational agencies that propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted.

(e)The Secretary shall direct the National Center for Education Statistics to collect data on migratory children.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(A)(iv), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Prior Provisions

A prior section 6398, Pub. L. 89–10, title I, § 1308, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3590, related to coordination of migrant education activities, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(g)(1), struck out “nonprofit” before “entities”, inserted “through” after “including”, and substituted “children” for “students”. Subsec. (b)(1). Pub. L. 114–95, § 1301(g)(2)(A), struck out “developing effective methods for” before “the electronic transfer”. Subsec. (b)(2)(A). Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), added introductory provisions and struck out former introductory provisions which read as follows: “The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after,

January 8, 2002, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include—”. Subsec. (b)(2)(A)(ii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted “assessments under section 6311(b)(2)” for “assessments required under section 6311(b)”. Subsec. (b)(2)(A)(iii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(III), substituted “the challenging State academic standards” for “high standards”. Subsec. (b)(2)(B), (C). Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), added subpar. (B), redesignated former subpar. (B) as (C), and in subpar. (C) substituted “any new proposed data elements” for “the proposed data elements” and struck out at end “Such publication shall occur not later than 120 days after

January 8, 2002.” Subsec. (b)(4). Pub. L. 114–95, § 1301(g)(2)(C), struck out par. (4) which related to report to Congress not later than Apr. 30, 2003, on the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§6398 Coordination of migrant education activities