§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, §1306, as added Pub. L. 103–382, title I, §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 (§5801 et seq.) of this title (except subchapters V (§5931 et seq.) and IX (§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.