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20 U.S.C. § 6395 — Secretarial approval; peer review
Federal law — U.S. Code and appendices · legal_authorities
Page 1395
TITLE 20—EDUCATION
§ 6396
serted ‘‘and migratory children who have dropped out
of school’’ after ‘‘preschool migratory children’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 1301(c)(1)(A)(ii), sub-
stituted ‘‘migratory children’’ for ‘‘migrant children’’
and ‘‘part A of subchapter III’’ for ‘‘part A or B of sub-
chapter III’’.
Subsec. (b)(1)(D). Pub. L. 114–95, § 1301(c)(1)(A)(iii),
added subpar. (D) and struck out former subpar. (D)
which read as follows: ‘‘measurable program goals and
outcomes;’’.
Subsec. (b)(2). Pub. L. 114–95, § 1301(c)(1)(B), sub-
stituted ‘‘challenging State academic standards’’ for
‘‘challenging State academic content standards and
challenging
State
student
academic
achievement
standards’’.
Subsec. (b)(3). Pub. L. 114–95, § 1301(c)(1)(C), struck out
‘‘, consistent with procedures the Secretary may re-
quire,’’ after ‘‘including how’’.
Subsec. (b)(5). Pub. L. 114–95, § 1301(c)(1)(D), inserted
‘‘and’’ after semicolon at end.
Subsec. (b)(6), (7). Pub. L. 114–95, § 1301(c)(1)(E)–(G), re-
designated par. (7) as (6), substituted ‘‘migratory chil-
dren whose parents do not have a high school diploma’’
for ‘‘migratory children who have parents who do not
have a high school diploma’’, and struck out former
par. (6) which read as follows: ‘‘such budgetary and
other information as the Secretary may require; and’’.
Subsec. (c). Pub. L. 114–95, § 1301(c)(2)(A), struck out
‘‘, satisfactory to the Secretary,’’ after ‘‘assurances’’ in
introductory provisions.
Subsec. (c)(2). Pub. L. 114–95, § 1301(c)(2)(B), made
technical amendment to reference in original act which
appears in text as reference to subsections (b) and (c) of
section 6321 of this title and substituted ‘‘part F’’ for
‘‘part I’’.
Subsec. (c)(3). Pub. L. 114–95, §
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6395
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Page 1395
TITLE 20—EDUCATION
§ 6396
serted ‘‘and migratory children who have dropped out
of school’’ after ‘‘preschool migratory children’’.
Subsec. (b)(1)(B). Pub. L. 114–95, § 1301(c)(1)(A)(ii), sub-
stituted ‘‘migratory children’’ for ‘‘migrant children’’
and ‘‘part A of subchapter III’’ for ‘‘part A or B of sub-
chapter III’’.
Subsec. (b)(1)(D). Pub. L. 114–95, § 1301(c)(1)(A)(iii),
added subpar. (D) and struck out former subpar. (D)
which read as follows: ‘‘measurable program goals and
outcomes;’’.
Subsec. (b)(2). Pub. L. 114–95, § 1301(c)(1)(B), sub-
stituted ‘‘challenging State academic standards’’ for
‘‘challenging State academic content standards and
challenging
State
student
academic
achievement
standards’’.
Subsec. (b)(3). Pub. L. 114–95, § 1301(c)(1)(C), struck out
‘‘, consistent with procedures the Secretary may re-
quire,’’ after ‘‘including how’’.
Subsec. (b)(5). Pub. L. 114–95, § 1301(c)(1)(D), inserted
‘‘and’’ after semicolon at end.
Subsec. (b)(6), (7). Pub. L. 114–95, § 1301(c)(1)(E)–(G), re-
designated par. (7) as (6), substituted ‘‘migratory chil-
dren whose parents do not have a high school diploma’’
for ‘‘migratory children who have parents who do not
have a high school diploma’’, and struck out former
par. (6) which read as follows: ‘‘such budgetary and
other information as the Secretary may require; and’’.
Subsec. (c). Pub. L. 114–95, § 1301(c)(2)(A), struck out
‘‘, satisfactory to the Secretary,’’ after ‘‘assurances’’ in
introductory provisions.
Subsec. (c)(2). Pub. L. 114–95, § 1301(c)(2)(B), made
technical amendment to reference in original act which
appears in text as reference to subsections (b) and (c) of
section 6321 of this title and substituted ‘‘part F’’ for
‘‘part I’’.
Subsec. (c)(3). Pub. L. 114–95, § 1301(c)(2)(C)(i), in intro-
ductory provisions substituted ‘‘parents of migratory
children, including parent advisory councils,’’ for ‘‘par-
ent advisory councils’’ and ‘‘not less than 1 school year
in duration’’ for ‘‘of 1 school year in duration’’.
Subsec. (c)(3)(A). Pub. L. 114–95, § 1301(c)(2)(C)(ii),
made technical amendment to reference in original act
which appears in text as reference to section 6318 of
this title.
Subsec. (c)(4). Pub. L. 114–95, § 1301(c)(2)(D), inserted
‘‘and migratory children who have dropped out of
school’’ after ‘‘preschool migratory children’’.
Subsec. (c)(6) to (8). Pub. L. 114–95, § 1301(c)(2)(E)–(G),
added pars. (6) and (7), redesignated former par. (7) as
(8), in par. (8) substituted ‘‘section 6393(a)(1) of this
title’’ for ‘‘paragraphs (1)(A) and (2)(B)(i) of section
6393(a) of this title, through such procedures as the Sec-
retary may require’’, and struck out former par. (6)
which related to assurances that, to the extent feasible,
programs would provide for advocacy and outreach ac-
tivities, professional development programs, family lit-
eracy programs, the integration of information tech-
nology into programs, and programs to facilitate the
transition to postsecondary education or employment.
Subsec. (d). Pub. L. 114–95, § 1301(c)(3), added subsec.
(d) and struck out former subsec. (d). Prior to amend-
ment, text read as follows: ‘‘In providing services with
funds received under this part, each recipient of such
funds shall give priority to migratory children who are
failing, or most at risk of failing, to meet the State’s
challenging State academic content standards and
challenging
State
student
academic
achievement
standards, and whose education has been interrupted
during the regular school year.’’
Subsec. (e)(3). Pub. L. 114–95, § 1301(c)(4), substituted
‘‘students’’ for ‘‘secondary school students’’.
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.
§ 6395. Secretarial approval; peer review
The Secretary shall approve each State appli-
cation that meets the requirements of this part,
and may review any such application with the
assistance and advice of State officials and
other officials with relevant expertise.
(Pub. L. 89–10, title I, § 1305, as added Pub. L.
107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576;
amended Pub. L. 114–95, title I, § 1301(d), Dec. 10,
2015, 129 Stat. 1897.)
Editorial Notes
PRIOR PROVISIONS
A prior section 6395, Pub. L. 89–10, title I, § 1305, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3588, related to Secretarial approval and peer review,
prior to the general amendment of this subchapter by
Pub. L. 107–110.
AMENDMENTS
2015—Pub. L. 114–95 amended section generally. Prior
to amendment, section consisted of subsecs. (a) and (b)
relating to Secretarial approval and peer review, re-
spectively.
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.
§ 6396. Comprehensive needs assessment and
service-delivery plan; authorized activities
(a) Comprehensive plan
(1) In general
Each State that receives assistance under
this part shall ensure that the State and its
local operating agencies identify and address
the unique educational needs of migratory
children in accordance with a comprehensive
State plan that—
(A) is integrated with other programs
under this chapter or other Acts, as appro-
priate;
(B) may be submitted as a part of a con-
solidated application under section 7842 of
this title, if—
(i) the unique needs of migratory chil-
dren are specifically addressed in the com-
prehensive State plan;
(ii) the comprehensive State plan is de-
veloped in collaboration with parents of
migratory children; and
(iii) the comprehensive State plan is not
used to supplant State efforts regarding,
or administrative funding for, this part;
(C) provides that migratory children will
have an opportunity to meet the same chal-
lenging State academic standards 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;
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts equal to or less than trigger amount** From amounts made available for each fiscal year under subsection 11 So in original. Probably should be “section”. 6302(b) of this title that are equal to or less than the amount described in [section 6311(b)(2)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/b/2/I&num=0&edition=prelim), the Secretary shall—
(1) reserve one-half of 1 percent for the Bureau of Indian Education;
(2) reserve one-half of 1 percent for the outlying areas;
(3) reserve not more than 20 percent to carry out [section 6362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6362&num=0&edition=prelim); and
(4) from the remainder, carry out [section 6361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6361&num=0&edition=prelim) by allocating to each State an amount equal to—
(A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and
(B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.
**(b) Amounts above trigger amount** For any fiscal year for which the amount made available for a fiscal year under subsection 1 6302(b) of this title exceeds the amount described in [section 6311(b)(2)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6395
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.