20 U.S.C. § 6398 — Coordination of migrant education activi-

Page 1397 TITLE 20—EDUCATION § 6398 grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 6398. Coordination of migrant education activi- ties (a) Improvement of coordination (1) In general The Secretary, in consultation with the States, may make grants to, or enter into con- tracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private enti- ties to improve the interstate and intrastate coordination among such agencies’ edu- cational programs, including through the es- tablishment or improvement of programs for credit accrual and exchange, available to mi- gratory children. (2) Duration Grants under this subsection may be award- ed for not more than 5 years. (b) Student records (1) Assistance The Secretary shall assist States in the elec- tronic transfer of student records and in deter- mining 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, December 10, 2015. 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 assess- ments under section 6311(b)(2) of this title; (iii) other academic information essen- tial to ensuring that migratory children achieve to the challenging State academic standards; and (iv) eligibility for services under the In- dividuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]. (B) Consultation The Secretary shall maintain ongoing con- sultation with the States, local educational agencies, and other migratory student serv- ice providers on— (i) the effectiveness of the system de- scribed 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 pub- lish 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 migra- tory student information and the require- ments that States shall meet for immediate electronic access to such information. (3) No cost for certain transfers A State educational agency or local edu- cational 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 re- quest 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 Sec- retary may reserve not more than $3,000,000 to award grants of not more than $250,000 on a com- petitive basis to State educational agencies that propose a consortium arrangement with another State or other appropriate entity that the Sec- retary determines, pursuant to criteria that the Secretary shall establish, will improve the de- livery 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 mi- gratory children. (Pub. L. 89–10, title I, § 1308, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1578; amended Pub. L. 114–95, title I, § 1301(g), Dec. 10, 2015, 129 Stat. 1898.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(2)(A)(iv), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 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, Oct. 20, 1994, 108 Stat. 3590, related to coordination of migrant education ac- tivities, prior to the general amendment of this sub- chapter 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 ‘‘stu- dents’’. 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 Page 1398 TITLE 20—EDUCATION § 6399 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, uti- lizing systems used by the States prior to, or developed after, January 8, 2002, and shall determine the min- imum data elements that each State receiving funds under this part shall collect and maintain. Such ele- ments may include—’’. Subsec. (b)(2)(A)(ii). Pub. L. 114–95, § 1301(g)(2)(B)(i)(II), substituted ‘‘assessments under sec- tion 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 publica- tion shall occur not later than 120 days after January 8, 2002.’’ 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 rec- ommendations 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 Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 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 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 agricultural worker The term ‘‘migratory agricultural worker’’ means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or sea- sonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal ag- ricultural employment. (3) Migratory child The term ‘‘migratory child’’ means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a mi- gratory fisher. (4) Migratory fisher The term ‘‘migratory fisher’’ means an indi- vidual who made a qualifying move in the pre- ceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the indi- vidual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. (5) Qualifying move The term ‘‘qualifying move’’ means a move due to economic necessity— (A) from one residence to another resi- dence; and (B) from one school district to another school district, except— (i) in the case of a State that is com- prised of a single school district, wherein a qualifying move is from one administra- tive area to another within such district; or (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence. (Pub. L. 89–10, title I, § 1309, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1579; amended Pub. L. 114–95, title I, § 1301(h), Dec. 10, 2015, 129 Stat. 1899.) Editorial Notes PRIOR PROVISIONS A prior section 6399, Pub. L. 89–10, title I, § 1309, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3591, defined terms for this part, prior to the general amendment of this subchapter by Pub. L. 107–110. AMENDMENTS 2015—Par. (1)(B). Pub. L. 114–95, § 1301(h)(1), struck out ‘‘nonprofit’’ before ‘‘private agency’’. Pars. (2) to (5). Pub. L. 114–95, § 1301(h)(2), added pars. (2) to (5) and struck out former par. (2). Prior to amend- ment, text of par. (2) read as follows: ‘‘The term ‘migra- tory 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.’’