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.
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