Page:United States Statutes at Large Volume 108 Part 5.djvu/99

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3589 "SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE- 20 USC 6396. DELIVERY PLAN; AUTHORIZED ACTIVITIES. "(a) COMPREHENSIVE: PLAN. — "(1) IN GENERi\L.— 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 Act, the Goals 2000: Educate America Act, or other Acts, as appropriate, consistent with section 14306; "(B) may be submitted as a part of consolidated application under section 14302; "(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, early childhood programs, and bilingual education programs under part A of title VII; and "(G) provides for the integration of services available under this part with services provided by such other programs. "(2) DURATION OF THE FLAN. —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, tx) 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), 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; and "(B) all migratory children who are eligible to receive services under part A shall receive such services with funds provided under this part or under part A. (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.