SEC. 1308. [20 U.S.C. 6398] COORDINATION OF MIGRANT EDUCATION ACTIVITIES. (a) IMPROVEMENT OF COORDINATION.— (1) IN GENERAL.-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 nonprofit entities to improve the interstate and intrastate coordination among such agencies' educational programs, including the establishment or improvement of programs for credit accrual and exchange, available to migratory students. (2) DURATION.-Grants under this subsection may be awarded for not more than 5 years. (b) STUDENT RECORDS. (1) ASSISTANCE.-The Secretary shall assist States in developing effective methods for the electronic transfer of student records and in determining the number of migratory children in each State. (2) INFORMATION SYSTEM. (A) IN GENERAL.-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, the date of enactment of the No Child Left Behind Act of 2001, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements 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 required under section 1111(b); (iii) other academic information essential to ensuring that migratory children achieve to high standards; and (iv) eligibility for services under the Individuals with Disabilities Education Act. (B) NOTICE AND COMMENT.-After consulting with the States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on the 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. Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001. (3) NO COST FOR CERTAIN TRANSFERS.-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 (A) IN GENERAL.-Not later than April 30, 2003, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the Secretary's findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States. (B) REQUIRED CONTENTS.-The Secretary shall include in such report (i) a review of the progress of States in developing and linking electronic records transfer systems; (ii) recommendations for the development and linkage of such systems; and (iii) recommendations for measures that may be taken to ensure the continuity of services provided for migratory students. (c) AVAILABILITY OF FUNDS.-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) INCENTIVE GRANTS.-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) DATA COLLECTION.-The Secretary shall direct the National Center for Education Statistics to collect data on migratory children. SEC. 1309. [20 U.S.C. 6399] DEFINITIONS. As used in this part: (1) LOCAL OPERATING AGENCY.-The term "local operating agency" means— (A) a local educational agency to which a State educational agency makes a subgrant under this part; (B) a public or nonprofit private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or (C) a State educational agency, if the State educational agency operates the State's migrant education program or projects directly. (2) MIGRATORY CHILD.-The term "migratory child" means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work (A) has moved from one school district to another; (B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or (C) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity. PART D-PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR ATRISK SEC. 1401. [20 U.S.C. 6421] PURPOSE AND PROGRAM AUTHORIZATION. (a) PURPOSE.-It is the purpose of this part (1) to improve educational services for children and youth in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging State academic content standards and challenging State student academic achievement standards that all children in the State are expected to meet; (2) to provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and (3) to prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education. (b) PROGRAM AUTHORIZED.-In order to carry out the purpose of this part and from amounts appropriated under section 1002(d), the Secretary shall make grants to State educational agencies to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth. SEC. 1402. [20 U.S.C. 6422] PAYMENTS FOR PROGRAMS UNDER THIS PART. (a) AGENCY SUBGRANTS.-Based on the allocation amount computed under section 1412, the Secretary shall allocate to each State educational agency an amount necessary to make subgrants to State agencies under subpart 1. (b) LOCAL SUBGRANTS.-Each State shall retain, for the purpose of carrying out subpart 2, funds generated throughout the State under part A of this title based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. Subpart 1-State Agency Programs SEC. 1411. [20 U.S.C. 6431] ELIGIBILITY. A State agency is eligible for assistance under this subpart if such State agency is responsible for providing free public education for children and youth (1) in institutions for neglected or delinquent children and youth; (2) attending community day programs for neglected or delinquent children and youth; or (3) in adult correctional institutions. SEC. 1412. [20 U.S.C. 6432] ALLOCATION OF FUNDS. (a) SUBGRANTS TO STATE AGENCIES. (1) IN GENERAL.-Each State agency described in section 1411 (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of (A) the number of neglected or delinquent children and youth described in section 1411 who (i) are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and (ii) are enrolled for at least 20 hours per week(I) in education programs in institutions for neglected or delinquent children and youth; or (II) in community day programs for neglected or delinquent children and youth; and (B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. (2) SPECIAL RULE.-The number of neglected or delinquent children and youth determined under paragraph (1) shall (A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and (B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency's annual programs. (b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— (1) IN GENERAL.-For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of— (A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and (B) 32 percent of the average per-pupil expenditure in the United States. (2) MINIMUM PERCENTAGE.-The percentage in paragraph (1)(A) shall not be less than (A) for fiscal year 2002, 77.5 percent; (C) for fiscal year 2004, 82.5 percent; and (D) for fiscal year 2005 and succeeding fiscal years, 85.0 percent. (3) LIMITATION.-If the application of paragraph (2) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of (A) the percentage in paragraph (1)(A) for such fiscal year; or (B) the percentage used for the preceding fiscal year. (c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.-If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount. SEC. 1413. [20 U.S.C. 6433] STATE REALLOCATION OF FUNDS. If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eligible under this subpart for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this part, in such amounts as the State educational agency shall determine. SEC. 1414. [20 U.S.C. 6434] STATE PLAN AND STATE AGENCY APPLICATIONS. (a) STATE PLAN. (1) IN GENERAL.-Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan— (A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; (B) for assisting in the transition of children and youth from correctional facilities to locally operated programs; and (C) that is integrated with other programs under this Act or other Acts, as appropriate. (2) CONTENTS.-Each such State plan shall (A) describe the program goals, objectives, and performance measures established by the State that will be used to assess the effectiveness of the program in improving the academic, vocational, and technical skills of children in the program; (B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State; and |