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119th Congress

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119th Congress

Title 20 — Education

Part C · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools

§ 6398. Coordination of migrant education activities

Statutory text

(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 entities to improve the interstate and intrastate coordination among such agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and exchange, available to migratory children.

(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 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 eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, . Such information 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 under section 6311(b)(2) of this title;

(iii)

other academic information essential to ensuring that migratory children achieve to the challenging State academic standards; and

(iv)

eligibility for services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(B)

Consultation

The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on—

(i)

the effectiveness of the system described in subparagraph (A); and

(ii)

the ongoing improvement of such system.

(C)

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 any new 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.

(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 is made in order to meet the needs of a migratory child.

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Elementary and Secondary Education Act of 1965

    Pub. L. 89–10 title I § 1308 · 79 Stat. 27

    Enacted · 20 U.S.C. § 6398

    Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578

    Source evidence

    Code source credit
    Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578

  2. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(1) · 129 Stat. 1802

    1. Struck · 20 U.S.C. § 6398(a)(1)

      Pub. L. 114–95, § 1301(g)(1), struck out “nonprofit” before “entities”

    2. Inserted · 20 U.S.C. § 6398(a)(1)

      Pub. L. 114–95, § 1301(g)(1), inserted “through” after “including”

    3. Substituted · 20 U.S.C. § 6398(a)(1)

      Pub. L. 114–95, § 1301(g)(1), substituted “children” for “students”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–95, § 1301(g)(1), struck out “nonprofit” before “entities”, inserted “through” after “including”, and substituted “children” for “students”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking “nonprofit”; (B) by inserting “through” after “including”; and (C) by striking “students” and inserting “children”; and

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  3. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(A) · 129 Stat. 1802

    Struck · 20 U.S.C. § 6398(b)(1)

    Pub. L. 114–95, § 1301(g)(2)(A), struck out “developing effective methods for” before “the electronic transfer”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 114–95, § 1301(g)(2)(A), struck out “developing effective methods for” before “the electronic transfer”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “developing effective methods for”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  4. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(B)(i)(I) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 6398(b)(2)(A)

      Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), added introductory provisions

    2. Struck · 20 U.S.C. § 6398(b)(2)(A)

      Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), struck out former introductory provisions which read as follows: “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, January 8, 2002, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include—”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), added introductory provisions and struck out former introductory provisions which read as follows: “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, January 8, 2002, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include—”.

    Enacted provision · exact public law section
    (I) in the matter preceding clause (i), by striking “The Secretary, in consultation” and all that follows through “include—” and inserting the following: “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 eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such information may include—”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  5. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(B)(i)(II) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6398(b)(2)(A)(ii)

    Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted “assessments under section 6311(b)(2)” for “assessments required under section 6311(b)”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(ii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted “assessments under section 6311(b)(2)” for “assessments required under section 6311(b)”.

    Enacted provision · exact public law section
    (II) in clause (ii), by striking “required under section 1111(b)” and inserting “under section 1111(b)(2)”; and

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  6. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(B)(i)(III) · 129 Stat. 1802

    Substituted · 20 U.S.C. § 6398(b)(2)(A)(iii)

    Pub. L. 114–95, § 1301(g)(2)(B)(i)(III), substituted “the challenging State academic standards” for “high standards”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(iii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(III), substituted “the challenging State academic standards” for “high standards”.

    Enacted provision · exact public law section
    (III) in clause (iii), by striking “high standards” and inserting “the challenging State academic standards”;

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  7. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(B)(ii) · 129 Stat. 1802

    1. Added · 20 U.S.C. § 6398(b)(2)(B); 20 U.S.C. § 6398(b)(2)(C)

      Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), added subpar. (B)

    2. Redesignated · 20 U.S.C. § 6398(b)(2)(B); 20 U.S.C. § 6398(b)(2)(C)

      Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), redesignated former subpar. (B) as (C), and in subpar. (C) substituted “any new proposed data elements” for “the proposed data elements”

    3. Struck · 20 U.S.C. § 6398(b)(2)(B); 20 U.S.C. § 6398(b)(2)(C)

      Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), struck out at end “Such publication shall occur not later than 120 days after January 8, 2002.”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), added subpar. (B), redesignated former subpar. (B) as (C), and in subpar. (C) substituted “any new proposed data elements” for “the proposed data elements” and struck out at end “Such publication shall occur not later than 120 days after January 8, 2002.”

    Enacted provision · exact public law section
    (ii) by redesignating subparagraph (B) as subparagraph (C);

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

  8. Every Student Succeeds Act

    Pub. L. 114–95 § 1301(g)(2)(C) · 129 Stat. 1802

    Struck · 20 U.S.C. § 6398(b)(4)

    Pub. L. 114–95, § 1301(g)(2)(C), struck out par. (4) which related to report to Congress not later than Apr. 30, 2003, on the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 114–95, § 1301(g)(2)(C), struck out par. (4) which related to report to Congress not later than Apr. 30, 2003, on the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States.

    Enacted provision · exact public law section
    (C) by striking paragraph (4).

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

12 of 13 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (b)(2)(A)(iv), is title VI of Pub. L. 91–230, , 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Prior Provisions

A prior section 6398, Pub. L. 89–10, title I, § 1308, as added Pub. L. 103–382, title I, § 101, , 108 Stat. 3590, related to coordination of migrant education activities, prior to the general amendment of this subchapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(g)(1), struck out “nonprofit” before “entities”, inserted “through” after “including”, and substituted “children” for “students”.

Subsec. (b)(1). Pub. L. 114–95, § 1301(g)(2)(A), struck out “developing effective methods for” before “the electronic transfer”.

Subsec. (b)(2)(A). Pub. L. 114–95, § 1301(g)(2)(B)(i)(I), added introductory provisions and struck out former introductory provisions which read as follows: “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, , and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include—”.

Subsec. (b)(2)(A)(ii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted “assessments under section 6311(b)(2)” for “assessments required under section 6311(b)”.

Subsec. (b)(2)(A)(iii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(III), substituted “the challenging State academic standards” for “high standards”.

Subsec. (b)(2)(B), (C). Pub. L. 114–95, § 1301(g)(2)(B)(ii)–(iv), added subpar. (B), redesignated former subpar. (B) as (C), and in subpar. (C) substituted “any new proposed data elements” for “the proposed data elements” and struck out at end “Such publication shall occur not later than 120 days after .”

Subsec. (b)(4). Pub. L. 114–95, § 1301(g)(2)(C), struck out par. (4) which related to report to Congress not later than , on the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Credits

2002–2015 · 2 acts
  1. 2002Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1578
  2. 2015amended Pub. L. 114–95, title I, § 1301(g), , 129 Stat. 1898.
Show as published

(Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, , 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(g), , 129 Stat. 1898.)

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USLM identifier /us/usc/t20/s6398