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(B) that in the administration of the program there is a failure to comply substantially with any such provisions,
the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply.
(b) REVIEW OF DECISIONS.—(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of its State program submitted under this subpart or with his final action under subsection (a), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Commissioner shall forthwith certify and file in the court the transcript of the proceedings and the record on which he based his action.
(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.
SEC. 415E. [20 U.S.C. 1070c-3a] SPECIAL LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM.
(a) IN GENERAL.-From amounts reserved under section 415A(b)(2) for each fiscal year, the Secretary shall—
(1) make allotments among States in the same manner as the Secretary makes allotments among States under section 415B; and
(2) award grants to States, from allotments under paragraph (1), to enable the States to pay the Federal share of the cost of the authorized activities described in subsection (c).
(b) APPLICABILITY RULE.-The provisions of this subpart which are not inconsistent with this section shall apply to the program authorized by this section.
(c) AUTHORIZED ACTIVITIES.-Each State receiving a grant under this section may use the grant funds for
(1) increasing the dollar amount of grants awarded under section 415B to eligible students who demonstrate financial need;
(2) carrying out transition programs from secondary school to postsecondary education for eligible students who demonstrate financial need;
(3) carrying out a financial aid program for eligible students who demonstrate financial need and wish to enter careers in information technology, or other fields of study determined by the State to be critical to the State's workforce needs;
(4) making funds available for community service workstudy activities for eligible students who demonstrate financial need;
(5) creating a postsecondary scholarship program for eligible students who demonstrate financial need and wish to enter teaching;
(6) creating a scholarship program for eligible students who demonstrate financial need and wish to enter a program of study leading to a degree in mathematics, computer science, or engineering;
(7) carrying out early intervention programs, mentoring programs, and career education programs for eligible students who demonstrate financial need; and
(8) awarding merit or academic scholarships to eligible students who demonstrate financial need.
(d) MAINTENANCE OF EFFORT REQUIREMENT.-Each State receiving a grant under this section for a fiscal year shall provide the Secretary an assurance that the aggregate amount expended per student or the aggregate expenditures by the State, from funds derived from non-Federal sources, for the authorized activities described in subsection (c) for the preceding fiscal year were not less than the amount expended per student or the aggregate expenditures by the State for the activities for the second preceding fiscal year.
(e) FEDERAL SHARE.-The Federal share of the cost of the authorized activities described in subsection (c) for any fiscal year shall be not more than 333 percent.
SEC. 415F. [20 U.S.C. 1070c-4] DEFINITION.
For the purpose of this subpart, the term "community service" means services, including direct service, planning, and applied research which are identified by an institution of higher education, through formal or informal consultation with local nonprofit, governmental, and community-based organizations, and which—
(1) are designed to improve the quality of life for community residents, particularly low-income individuals, or to solve particular problems related to the needs of such residents, including but not limited to, such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement; and
(2) provide participating students with work-learning opportunities related to their educational or vocational programs or goals.
SUBPART 5-SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK
SEC. 418A. [20 U.S.C. 1070d-2] MAINTENANCE AND EXPANSION OF EXISTING PROGRAMS.
(a) PROGRAM AUTHORITY.-The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit or
ganizations working in cooperation with institutions of higher education.
(b) SERVICES PROVIDED BY HIGH SCHOOL EQUIVALENCY PROGRAM. The services authorized by this subpart for the high school equivalency program include
(1) recruitment services to reach persons
(A)(i) who are 16 years of age and over; or
(ii) who are beyond the age of compulsory school attendance in the State in which such persons reside and are not enrolled in school;
(B)(i) who themselves, or whose parents, have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork; or
(ii) who are eligible to participate, or have participated within the preceding 2 years, in programs under part C of title I of the Elementary and Secondary Education Act of 1965 or section 402 of the Job Training Partnership Act1 or section 167 of the Workforce Investment Act of 1998; and
(C) who lack a high school diploma or its equivalent; (2) educational services which provide instruction designed to help students obtain a general education diploma which meets the guidelines established by the State in which the project is located for high school equivalency;
(3) supportive services which include the following:
(A) personal, vocational, and academic counseling;
(B) placement services designed to place students in a university, college, or junior college program, or in military service or career positions; and
(C) health services;
(4) information concerning, and assistance in obtaining, available student financial aid;
(5) weekly stipends for high school equivalency program participants;
(6) housing for those enrolled in residential programs;
(7) exposure to cultural events, academic programs, and other educational and cultural activities usually not available to migrant youth; and
(8) other essential supportive services, as needed to ensure the success of eligible students.
(c) SERVICES PROVIDED BY COLLEGE ASSISTANCE MIGRANT PROGRAM. (1) Services authorized by this subpart for the college assistance migrant program include
(A) outreach and recruitment services to reach persons who themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork or who have participated or are eligible to participate, in programs under part C of title I of the Elementary and Secondary Education Act of 1965 (or such part's predecessor au
1 Effective July 1, 2000, section 405(f)(12)(A) of the Omnibus Consolidated and Emergency Supplemental Appropriation Act, 1999 (P.L. 105-277; 112 Stat. 2681-421) amends subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A by striking “section 402 of the Job Training Partnership Act or".
thority) or section 402 of the Job Training Partnership Act1 or section 167 of the Workforce Investment Act of 1998, and who meet the minimum qualifications for attendance at a college or university;
(B) supportive and instructional services which include:
(i) personal, academic, and career counseling as an ongoing part of the program;
(ii) tutoring and academic skill building instruction and assistance;
(iii) assistance with special admissions;
(iv) health services; and
(v) other services as necessary to assist students in completing program requirements;
(C) assistance in obtaining student financial aid which includes, but is not limited to:
(iii) student travel;
(iv) career oriented work study;
(v) books and supplies;
(vi) tuition and fees;
(vii) room and board; and
(viii) other assistance necessary to assist students in completing their first year of college;
(D) housing support for students living in institutional facilities and commuting students;
(E) exposure to cultural events, academic programs, and other activities not usually available to migrant youth; and
(F) other support services as necessary to ensure the success of eligible students.
(2) A recipient of a grant to operate a college assistance migrant program under this subpart shall provide followup services for migrant students after such students have completed their first year of college, and shall not use more than 10 percent of such grant for such followup services. Such followup services may include
(A) monitoring and reporting the academic progress of students who participated in the project during such student's first year of college and during such student's subsequent years in college; and
(B) referring such students to on- or off-campus providers of counseling services, academic assistance, or financial aid. (d) MANAGEMENT PLAN REQUIRED.-Each project application shall include a management plan which contains assurances that the grant recipient will coordinate the project, to the extent feasible, with other local, State, and Federal programs to maximize the resources available for migrant students, and that staff shall have a demonstrated knowledge and be sensitive to the unique characteristics and needs of the migrant and seasonal farmworker population, and provisions for:
1 Effective July 1, 2000, section 405(f)(12)(A) of the Omnibus Consolidated and Emergency Supplemental Appropriation Act, 1999 (P.L. 105–277; 112 Stat. 2681-421) amends subsections (b)(1)(B)(ii) and (c)(1)(A) of section 418A by striking "section 402 of the Job Training Partnership Act or".
(e) FIVE-YEAR GRANT PERIOD; CONSIDERATION OF PRIOR EXPERIENCE. Except under extraordinary circumstances, the Secretary shall award grants for a 5-year period. For the purpose of making grants under this subpart, the Secretary shall consider the prior experience of service delivery under the particular project for which funds are sought by each applicant. Such prior experience shall be awarded the same level of consideration given this factor for applicants for programs in accordance with section 402A(c)(1).
(f) MINIMUM ALLOCATIONS.-The Secretary shall not allocateA an amount less than
(1) $150,000 for each project under the high school equivalency program, and
(2) $150,000 for each project under the college assistance migrant program.
(g) DATA COLLECTION.-The National Center for Education Statistics shall collect postsecondary education data on migrant students.
(h) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated for the high school equivalency program $15,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.
(2) There are authorized to be appropriated for the college assistance migrant program $5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.
SUBPART 6-ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM
SEC. 419A. [20 U.S.C. 1070d-31] STATEMENT OF PURPOSE.
It is the purpose of this subpart to establish a Robert C. Byrd Honors Scholarship Program to promote student excellence and achievement and to recognize exceptionally able students who show promise of continued excellence.
[Section 419B was repealed by P.L. 102–325, sec. 406(a), 106 Stat. 508.]
SEC. 419C. [20 U.S.C. 1070d-33] SCHOLARSHIPS AUTHORIZED.
(a) PROGRAM AUTHORITY.-The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement.
(b) PERIOD OF AWARD.-Scholarships under this section shall be awarded for a period of not less than 1 or more than 4 years during the first 4 years of study at any institution of higher education eligible to participate in any programs assisted under this title. The State educational agency administering the program in a State shall have discretion to determine the period of the award