§6396 — Title 20 Education | U.S. Code

Summary

Each State that gets money for migratory children must make a single statewide plan to find and meet those children’s special school needs. The plan must work with other federal and state education programs, give migratory children a chance to reach the same state academic standards as other students, set measurable goals, cover the full range of services they need, and be created with joint planning by local, state, and federal programs (including early childhood and language programs). The plan can be part of a larger application if it was made with parents, clearly covers migratory needs, and does not replace state efforts or administrative funding. The plan stays in effect while the State takes part and must be reviewed and updated when needed. States and local districts can choose how to spend the funds. But they must first use the money to meet the needs caused by a child’s migratory lifestyle and to help those children take part in school. Funds should fill gaps that other programs do not cover. If children qualify for services under another part, they may get those services from that part’s funds or from leftover migratory funds after priority needs are met. Local agencies may serve migratory children alongside other students with similar needs. Schools that get these funds must meet migratory children’s identified needs before using the money for whole-school programs.

Title 20, §6396

Education — Source: USLM XML via OLRC

(a)(1)Each State that receives assistance under this part shall ensure that the State and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive State plan that—

(A)is integrated with other programs under this chapter or other Acts, as appropriate;

(B)may be submitted as a part of a consolidated application under section 7842 of this title, if—

(i)the unique needs of migratory children are specifically addressed in the comprehensive State plan;

(ii)the comprehensive State plan is developed in collaboration with parents of migratory children; and

(iii)the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this part;

(C)provides that migratory children will have an opportunity to meet the same challenging State academic standards 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, early childhood programs, and language instruction educational programs under part A of subchapter III; and

(G)provides for the integration of services available under this part with services provided by such other programs.

(2)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)(1)In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, retains the flexibility to determine the activities to be provided with funds made available under this part, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school.

(2)Funds provided under this part shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part, or through funds under this part that remain after the agency addresses the needs described in paragraph (1).

(3)Nothing in this part shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate.

(4)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), and shall meet the unique educational needs of migratory children before using funds under this part for schoolwide programs under section 6314 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6396, Pub. L. 89–10, title I, § 1306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3589, related to comprehensive needs assessments and service-delivery plans, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(e)(1)(A), substituted “unique” for “special” in introductory provisions. Subsec. (a)(1)(B). Pub. L. 114–95, § 1301(e)(1)(B)(i), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7842 of this title. Subsec. (a)(1)(B)(i). Pub. L. 114–95, § 1301(e)(1)(B)(ii), substituted “unique” for “special”. Subsec. (a)(1)(C). Pub. L. 114–95, § 1301(e)(1)(C), substituted “challenging State academic standards” for “challenging State academic content standards and challenging State student academic achievement standards”. Subsec. (a)(1)(F). Pub. L. 114–95, § 1301(e)(1)(D), substituted “part A of subchapter III” for “part A or B of subchapter III”. Subsec. (b)(1). Pub. L. 114–95, § 1301(e)(2)(A), substituted “retains the flexibility to” for “shall have the flexibility to”. Subsec. (b)(4). Pub. L. 114–95, § 1301(e)(2)(B), substituted “unique educational needs” for “special educational needs”.

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.

§6396 Comprehensive Needs Assessment and Service-delivery Plan; Authorized Activities