20 U.S.C. § 6394
Any State desiring to receive a grant under this part for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
Each such application shall include-
Each such application shall also include assurances that-
In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who-
Notwithstanding any other provision of this part-
20 U.S.C. § 6394
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 6394, Pub. L. 89-10, title I, §1304, as added Pub. L. 103-382, §101, 108 Stat. 3587; amended Pub. L. 106-554, §1(a)(4) [div. B, title XVI, §1605], Dec. 21, 2000, 114 Stat. 2763, 2763A-334, related to State applications and services, prior to the general amendment of this subchapter by Pub. L. 107-110.
AMENDMENTS2015-Subsec. (b)(1). Pub. L. 114-95, §1301(c)(1)(A)(i), in introductory provisions substituted "unique educational needs" for "special educational needs" and inserted "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), substituted "migratory children" for "migrant children" and "part A of subchapter III" for "part A or B of subchapter 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), substituted "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 require," 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), redesignated par. (7) as (6), substituted "migratory children 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 introductory provisions substituted "parents of migratory children, including parent advisory councils," for "parent 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 Secretary may require", and struck out former par. (6) which related to assurances that, to the extent feasible, programs would provide for advocacy and outreach activities, professional development programs, family literacy programs, the integration of information technology 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 amendment, 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 programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- Secretary
- The term "Secretary" means the Secretary of Education.
- State
- The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
- child
- The term "child" means any person within the age limits for which the State provides free public education.
- family literacy services
- The term "family literacy services" means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:(A) Interactive literacy activities between parents and their children.(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.(C) Parent literacy training that leads to economic self-sufficiency.(D) An age-appropriate education to prepare children for success in school and life experiences.
- high school
- The term "high school" means a secondary school that-(A) grants a diploma, as defined by the State; and(B) includes, at least, grade 12.
- parent
- The term "parent" includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare).
- parental involvement
- The term "parental involvement" means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring-(A) that parents play an integral role in assisting their child's learning;(B) that parents are encouraged to be actively involved in their child's education at school;(C) that parents are full partners in their child's education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and(D) the carrying out of other activities, such as those described in section 6318 of this title.
- professional development
- The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.
- technology
- The term "technology" means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage.