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NOTE.--The U.S. Office of Education has (b) Except as otherwise provided, as- (b) Resides in an "area" as defined in determined that this document does not con

sistance under this part is subject to ap- the preceding sentence within which any tain a major proposal requiring preparation plicable provisions contained in Part of an Inflation Impact Statement under

currently or formerly migratory children Executive Order 11821 and OMB Circular

116 (general requirements relating to are being served by a project, as defined A-107.

Title I of the Act) and Part 100b of this in this section.

chapter (relating to fiscal, administraDated: April 6, 1977.

(20 U.S.C. 2410-2(a) (3).)
tive, property management and other
WILLIAM F. PIERCE,
matters).

"Guardian" means:
Acting U.S. Commissioner (20 U.S.C. 241c-2.)

(a) A person who has been appointed of Education.

the legal guardian of a migratory child $ 1160.2 Definitions.

through formal proceedings in accordApproved: June 15, 1977. "Agricultural activity" means:

ance with State law; JOSEPH A. CALIFANO, Jr.,

(a) Any activity related to crop pro- (b) A person who the State agency Secretary of Health, Education, duction (including preparing soil and finds would be appointed to be the legal and Welfare.

storing, curing, canning or freezing of guardian of a migratory child under the crops):

law of the child's domiciliary State if Subpart A-General Sec.

(b) Any activity related to the produc

formal guardianship proceedings were 1160.1 Applicability tion and processing of milk, poultry, and

undertaken; or 1160.2 Definitions.

livestock (for human consumption); (c) A person standing in place of a and

parent to the child. Subpart B-Managerial Responsibilities of State Educational Agencies (c) Any operation involved in forest

(20 U.S.C. 241c-2.) 1160.3 State applications. nurseries and fish farms. The term does

"Migratory agricultural not include cutting, transporting, and

worker 1180.6 Designation of operating agencies. 1160.6 Participation of operating agencies. sawing of timber.

means a person who has within the past 1180.7 Supervision of programs and proj

twelve months, moved from one school (20 U.S.C. 2410-2.) ects.

district to another (or, in a state that 1160.8 Amendments to applications.

"Currently migratory child" means a comprises a single school district, from 1160.9 Title and control of property. child (a) Whose parent or guardian is one school administrative area to an1160.10 Allocation of funds to administra

a migratory agricultural worker or mi- other) in order to enable the person to tive and program functions.

gratory fisherman; and (b) who has obtain temporary or seasonal employ1160.11 Funding of subgrantee projects;

within the past twelve months moved ment in an agricultural activity.
requirements for adjustment of
funds not needed by subgrantee.
from one school district into another (or,

(20 U.S.C. 2410-2.)
1160.12 Child eligibility and evidence of in a state comprising a single school
child eligibility.

district has moved from one school ad- "Migratory fisherman" means a person

ministrative area into another) in order who has within the past twelve months, Subpart C-Amounts Available for Grants and Payments

to enable the child, the child's guardian, moved from one school district to an1160.21

other (or, in a state that comprises & Total amount available for grants.

or a member of the child's immediate 116d 22 Entitlement.

family to obtain temporary or seasonal single school district, from one school 1160.23 Payments.

employment in an agricultural or fish- administrative area to another) in or1160.24 Special arrangements by the Com- ing activity.

der to enable the person to obtain temmissioner to conduct migrant (20 U.S.C. 2410-2.)

porary or seasonal employment in a fishprograms.

ing activity as defined in this section. Subpart - Program Requirements "Day care services" means services:

(20 U.S.C. 2410-2; Sen. Rept. No. 93-1026, pp. 1160.31 Use of funds and information in

(a) Provided outside the home and 142-143 (1974).) State application.

during the day for the purpose of cus1160.318 Programs of instruction for pretodial care of children and infants; and

"Project" means an activity or set of

activities:
school migratory children.
(b) which satisfy applicable State

(a) Which consists of instructional 1160.32 State budgets.

law standards governing the provision of 1160.36 Inclusion of formerly migratory these services.

services, or supporting services provided children "Fishing activity" means any activity

under $ 1160.38, or both; 1160.36 comparable access of migratory directly related to the catching and proc

(b) Which is provided under this part children to State and locally

to migratory children in a particular funded educational facilities and

essing of fish and shellfish either for in-
services.
1tial distribution through commercial

area within a state by a State educa1160.37

tional agency, either directly or through Parental involvement.

market channels or as a primary means 1161.38 Supporting services. of personal subsistence.

a local educational agency; and 1160.39 Criteria for the approval of State

(c) Which is designed to meet the pur(20 U.S.C. 2410-2.) applications.

poses of the applicable State program as 1182.40 Cooperative programs.

"Formerly migratory child" means a

defined in this section. 1160.41 Commissioner's disapproval of State

child defined by section 122(a) (3) of the (20 U.S.C. 241c-2.) applications; notice and hear

Act. That section provides that: "With ing

"State program" means the overall the concurrence of his parents, a migraAppendix-Section 122 Programs for Migra

tory child of a migratory agricultural plan for services, activities, personnel tory Children.

and materials set forth in a state apworker or migratory fisherman shall be AUTHORITY: Sec. 101(a) (2) (E). Pub. L deemed to continue to be such a child for plication for a grant under this part to 93-380, 88 tat. 492 (20 U.S.C. 241c-2), a period, not in excess of five years, dur- meet the special educational needs of unless otherwise noted. ing which he resides in the area served

migratory children of migratory agricul

tural workers and migratory fishermen. Subpart A-General

by the agency carrying on a program or

project under this part." The term (20 U.S.C. 2410-2.) $ 1160.1 Applicability,

"area" in the preceding sentence means Subpart B-Managerial Responsibiities of These regulations govern pro- the legally prescribed geographic area

State Educational Agencies grams and projects for which funds are over which a local educational agency provided to state educational agencies or combination of such agencies exer

$ 1160.3 State applications. under section 122 of Title I of the Ele- cises administrative control or direction. (a) General. A State educational mentary and secondary Education Act Any child is considered to reside within

agency which desires to receive assistthe "area served" referred to in the statof 1965 to meet the special educational

ance under this part shall submit to the utory language of section 122(a) (3) Deeds of migratory chuldren of migra- quoted in this definition, if that child:

Commissioner an application which: tory agricultural workers and migratory (a) Otherwise satisfies the definition (1) Is in the form prescribed by Obermen. of section 122(&) (3), and

$ 100a.43 of this chapter (standard ap

(a)

FEDERAL REGISTER, VOL. 42, NO. 134—WEDNESDAY, JULY 13, 1977

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plication form for Federal assistance (b) The State educational agency agency that an amendment to the State (non-construction programs));

shall review an operating agency's appli- application is required by such changes. (2) Is signed by the chief executive cation for conformity with the State pro

(20 U.S.C. 2410-2(a) (1), 1232c(b).) officer of the State educational Agency gram set forth in the State application or the designated representative of that as approved by the Commissioner. Within $1160.9 Title and control of properly. officer: ten days after the State educational

(a) Subject to paragraph (b) of this (3) Contains the assurances and other agency has approved an application by

section, a State educational agency shall Information required in this part and in an operating agency, the State educa

maintain title to, and administrative Part 116 of this chapter; and tional agency shall send the Commis

control over, property acquired with (4) Requests approval to use, during sioner a copy of the approved application funds under this part. the fiscal year covered by the applica- and any substantive amendments there

(b) If, as a matter of State law, a tion, any funds under this part which to. Within 30 days after receiving a copy State agency other than the State eduwere made available to the State educa- of the approved application or any sub

cational agency is required to exercise tional agency for the preceding fiscal

stantive amendments, the Commissioner functions described in paragraph (a) of year but were not obligated by that

shall review the application or amend- this section, then the State educational agency.

ment to determine whether it conforms agency shall arrange for the exercise of (b) Receipt of application. The Com- to the State program as set forth in the

those functions by that agency and that missioner may' decline to consider an State application approved by the Com

agency shall be responsible under this application under this part if it is re- missioner.

part for the exercise of those functions. ceived after the date established by the

(c) Each operating agency shall main- However, the State educational agency Commissioner for receipt of applications. tain records of all financial transactions shall retain the right to use the property

(c) Annual program plan. An applica. pertaining to the project for the time and to move or otherwise dispose of it tion submitted under paragraph (a) of period prescribed by $ 100b.477 of this

in a manner best designed to carry out this section constitutes (for the purposes chapter, Each operating agency shall the purposes of this part. of this part) the annual program plan provide timely financial reports (includrequired by section 434(b) of the Gen- ing the financial status report prescribed

(20

U.S.C. 2410(a) (3). 2410-2(a)(1)(C). eral Education Provisions Act, and must by $ 100b.403 of this chapter, and the per

1232c(b).) conform to the requirements of that

formance report prescribed by $ 100b.432 $116.10 Allocation of funds to admin. section.

of this chapter) to the State educational istrative and program functions. (20 U.S.C. 2410-2; 1232c(b).) agency.

(a) Administrative functions.

The (d) An operating agency may not obli$ 1160.5 Designation of operating agen

State educational agency shall use funds gate funds under this part (within the provided under section 143(d) of Title cies. meaning of $ 100.55(c) of this chapter)

I of the Act only to perform administraThe State educational agency in its before:

tive functions under this part which are application under $ 116d.3 shall identify (1) The effective date of the approved

the same as or similar to those carried the agency or agencies it has designated application from the State educational

out by the State educational agency with to operate the proposed educational pro- agency to the Commissioner, or

respect to programs and projects under gram for migratory children of migra- (2) The date the operating agency's

parts 116a, 116b, and 116c of this chaptory agricultural workers and migratory application is submitted to the State edufishermen. If all or part of the State pro

ter. These functions include: cational agency in substantially approy

(1) Preparation of the State educagram is operated directly by the State able form, whichever occurs later. educational agency, that agency shall

tional agency's application to the Com(20 U.S.C. 2410-2(a), 1232c (b).)

missioner; identify in its application the personnel and other resources in that agency, (in- 81160.7

(2) Design and publication of appliSupervision of programs and

cation, evaluation and financial report cluding any resources to be made avail- projects.

forms and transmittal of these forms able to that agency by service contract)

Each State educational agency shall with appropriate instructions to operatthat will be made available to conduct

describe in its application the procedures ing agencies: the program. If all or part of the State

and resources which that agency pro- (3) Reviewing applications and reprogram is operated through a local educational agency or agencies AS sub

poses to use to ensure that the proposed ports from those agencies;

projects are carried out in accordance (4) Fiscal control and fund accountgrantee(s), the State educational agency

with the State application as approved ing: shall identify in its application the local

by the Commissioner. educational agency or agencies.

(5) The design and preparation of (20 U.S.C. 2410-2(a)(1)(A), 1232c(b).)

State evaluation and financial reports (20 U.S.C. 2410-2(a) (1), 1232c(b).)

to be submitted to the Commissioner: & 1160.6 Participation of operating

$ 1160.8

Amendments to applications. (6) Technical assistance for operating agencies. A State educational agency shall sub

agencies in the development of their ap(a) II all or part of the State program

mit to the Commissioner an amendment plications and the monitoring of their is operated through one or more local

to its application (including an applica- projects for compliance with the State educational agencies ("operating agen

tion to use funds made available for the application; and cies"), the State educational agency shall previous fiscal year but not obligated in

(7) Dissemination of information. require each of these operating agencies that year) which is signed by the chief

(b) Program functions. The State to submit to the State educational executive officer of that agency or his

educational agency shall use funds proagency an application (in the form predesignee under the following circum

vided under section 143(a) of Title I of stances: scribed by $ 1008.43 of this chapter)

the Act for use under this part only to which sets forth:

(a) When the agency makes a mate

perform functions which are unique to (1) The project to be carried out;

rial chang in the administra on of its the program under this part or are the (2) The relationship between the proj- approved State program or in the orga- same of similar to services provided by ect and the State program:

nization, policies, or operations affecting local educational agencies in that State (3) The objectives to be achieved for that program;

under part 116a of this chapter, and each grade group:

(b) If information becomes available which are not listed under paragraph (4) The estimated number of children which is required by subpart D of this

(a) of this section. These functions into be served; part and which was not previously fur

clude:

(1) State-wide recruitment and iden(5) The services to be provided to nished in the application;

tification of migrant children; achieve the objectives;

(c) If changes are made in the appro

(2) State and local interagency coor(6) The types and number of staff to priation or other laws governing the ap

dination and interstate activities; be employed; and proved State program and the Commis

(3) Implementation of the migrant (7) An appropriate budget

sioner Indicates to the State educational student record transfer system;

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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(4) Processing reports submitted by (b) of Title I and section 843(d) of Pub. (d) Reallocation of e.ccess funds 11 operating agencies under $ 1160.6; L. 93-380 (section 122 of Title I and sec- the Commissioner determines that the

(5) Inservice training programs for tion 843(d) are set forth in the appen- amount available for grants for a State Instructional and support personnel; dix).

as determined in accordance with (6) Maintaining inventories of prop- (b) For the purpose of this section, the $ 1160.21 exceeds the amount determined erty acquired with funds provided under Commissioner determines the number of to be needed under this section the Comthis part;

migratory children in a State, including missioner shall, to the extent necessary, (7) Negotiating and awarding con- currently and formerly migratory chil- allocate this excess to other State educatracts;

dren, as defined in this part, on the basis tional agencies whose total amount (9) Evaluations and compilation of of statistics. made available by the mi- available for grants under $1160.21 notes and preliminary reports for inter- grant student record transfer system or would otherwise be insufficient to serve nal State educational agency use with such other system as the Commissioner eligible children in that State. respect to evaluations. may determine most accurately and fully

(20 U.S.C. 2410-2(b); Sen. Rep No 634 91st (20 U.S.C. 241g, 1232c(b).)

reflects the actual number of migrant Cong., 2nd Sess. 12-13 (1970).)

students. $ 1160.11 Funding of subgrantee proj.

§ 1160.23 Payments. (20 U.S.C. 2410-2(b).) eets; requirements for adjustment of

The Commissioner shall make all pay. funds not needed by subgrantee. 81160.22 Entitlement.

ments of funds under this part in ac(a) Each State educational agency re- (a) Entitlement based on estimated cordance with the requirements in Subceiving a grant under this part shall is- cost of program. The State educational part E of Part 100b of this chapter. The sue appropriate rules to avoid impru- agency of a State for which a total amount of the payments to a State edudent, wasteful, extravagant or otherwise amount has been determined under cational agency under this part may not expenditures of funds by subgrantees $ 116d.21 is entitled to receive a grant exceed the amount of the grant to which which would defeat the intent of the Act in the amount determined by the Com- that agency is entitled as determined by to meet the special educational needs of missioner to be needed to carry out a the Commissioner in accordance with migratory children.

State program approved by the Commis- $ 1160.22 nor the amount obligated in (b) In keeping with the proper and ef- sioner under $ 1160.39. Except as pro

accordance with $100b.55(c) of this ficient administration of the State pro- vided by paragraph (d) of this section, chapter during the period covered by the gram for migratory children, the State this amount may not exceed the total application. educational agency shall include in the amount determined under $ 1160.21.

(20 U.S.C. 2410-2, 1232d.) rules described in paragraph (a) of this b) Informational basis for determin. section provision for appropriate ad- ing amount of entitlement. The Com- $ 1160.24 Special arrangements by the justment (based on periodic reports on missioner determines the amount of the

Commissioner to conduct migrant the implementation of the projects) of grant which a State educational agency

programs. expenditures actually incurred, so as to is entitled to receive under this section If the Commissioner determines that avoid the allocation or disbursement of on the basis of the best information a State is unable or unwilling to conduct funds to the subgrantee in excess of ac- available to him at the time he approves educational programs for migratory tual need. Following these adjustments the application, including information on children of migratory agricultural workthe State educational agency may in- the number of children to be served and ers or of migratory fishermen, or that crease the funding of the projects con- the nature and scope of the program. The it would result in more efficient and ecoducted by other subgrantees in the State Commissioner will redetermine this nomic administration or, that it would who demonstrate need for these funds. amount at any time during the fiscal year add substantially to the welfare or eduThe subgrantee shall reflect any such if the best information available demon- cational attainment of such children, the adjustment under this paragraph by ap- strates a basis for this redetermination. Commissioner may make special arpropriate amendment to its project ap- c) Consideration of costs of past and rangements with other public or nonplication and in its final fiscal report. future activities and amount of available profit private agencies to carry out the (20 U.S.C. 241c-2. 1232c1b) )

funds. The information on which the purposes of this section in one or more

Commissioner determines the amount a States and, for this purpose, the comf 1 16d. 12 Child eligibility and sidence State educational agency shall receive missioner may use all of part of the total of child eligibility. under this section includes:

of grants available for any such State A child may not be counted pursuant

"1) The total amount available to under this section. to $ 1160.21, and may not be served by the State agency for its grant under

(20 U.S.C 2410-2(a)(2).) funds made available under this part,

$ 1160.21; unless the State educational agency or (2) The estimated cost of program ac

Subpart D-Program Requirements & designated operating agency has first

tivities completed to date under preced- & 1160.31 Use of funds and information obtained documentary evidence suffi

ing grant awards and the number of in Stale application. cient to demonstrate that the child is a children who have been or are being

served: currently or formerly migratory child as

(a) Use of funds. A State educational defined in $ 1160.2.

(3) The estimated cost of other activ

agency shall use funds provided under ities to be initiated before the end of the section 143(a) of the Act for use under (20 U.S.C. 241C-2, 1232c (a). 1232c(b))

current grant period (pursuant to the this part only to perform the functions Subpart C-Amounts Available for Grants preceding grant award) and the esti

referred to in $ 1160.10(b), and to carry and Payments mated number of children to be served;

out a program for instruction, and (sub(4) In the case of requests for in

ject to $ 1160.38) for supporting services. $160.21 Total amount available for creases over the amount previously de

(b) Information in application. The grants.

termined by the Commissioner under this State educational agency shall in its ap(a) Except as provided in sections 124 section, the estimated cost of providing,

plication to the Commissioner describe and 125 of Title I of the Act, as amended, if needed, special educational services the proposed state program and shall the Commissioner determines the total

that could be initiated before the end of specify the following: amount of a grant which may be made

(1) The areas within the State in the current grant period and the number which currently migratory chuldren are available for use in any State for any

of children who could be served thereby expected to reside, and formerly migrafiscal year under this part for programs if additional funds were made available; tory children are residing, and the app and projects designed to meet the special educational needs of migratory chu- and

proximate dates of the arrival in, and dren of migratory agricultural workers (5) The unused amount from the State departure from, those areas of the cur

rently migratory children; and migratory fishermen under section educational agency's grant pursuant to

(2) A statement showing the esti122(b) of Title I of the Act, as amended the preceding grant award.

mated number of currently and formerly and for Puerto Rico, under section 122 (20 U.S.C. 2410-2(a) (1), 2410-2(b).)

migratory children expected to reside or

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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residing in the State and the number of education is provided in accordance with available to non-migratory children; these children in fach category (cur- State law;

however, this exception does not limit or rently or formert migratory) to be (b) Comprised primarily of activities moduly the requirements contained in carved, and the sources and methods designed to increase the children's $ 116.40 of this chapter relating to supwood to calculate these astimates;

readiness for instruction in the basic planting of state and local funds, and (3) A summary of the information (In- academic skills, and not merely for cus- services which by law the applicant is cluding information from other state todial purposes; and

required to provide to migratory chileducational agencies and the migrant (c) Conducted by or under the direct dren. Nothing in this section limits or student record transfer system) concern- supervision of a person qualified under modifies the requirement of $ 116a.26 ing the special educational needs of the State law to conduct the activities re- of this chapter, paragraphs (g) and (h) migratory children expected to reside in ferred to in paragraph (b) of this sec- of this section, pertaining to maintethe State in or during the periods covered tion.

nance of comparability in school attendby the application. The State educa(20 U.S.C. 2410-(a) (1) (D).)

ance areas where projects funded under tional agency shall include in this sum

Part 1168 of this chapter are being conmary all available information with re- 8 1160.32 State budgets.

ducted, and which serve migratory spect to educational performance and

A State educational agency shall in

children. cultural and linguistic background which clude in its application & budget in a

(b) Comparable access defined. The is relevant to assessing the educational form prescribed by the Commissioner requirements of paragraph (a) of this needs of the children; showing:

section are satisfied only if migratory (1) A statement of the objectives (in

(a) The estimated costs for each sery

children have access to all State and cluding performance criteria) of the

ice and the total costs of all services as locally funded instructional, health, program, & description of each service to described in the application;

nutrition and transportation services on be provided, the estimated number of

(b) The estimated amount of unobll- the same basis as provided by the local children by age and anticipated grade gated funds which are available from educational agency to non-migratory placement (including eligible children

the preceding fiscal year's appropria- children residing in the attendance area enrolled or to be enrolled in private tion; and

where migratory children are being schools), & description of any inservice

(c) The amount applied for from the served. training estimated to be required (in- current fiscal year's appropriation. (2 U.S.O. 2410-2(a) (1) (C), 3410(a) (3) (C).) cluding the type of training, frequency and number and type of staff members (20 U.S.C. 1232c(b).)

8 1160.37 Parental involvement. who will participate in that training), $1160.35 Inclusion of formerly migra- Each State educational agency apply. the type and number of staff which it is

tory children.

ing for a grant under this part shall estimated will be employed, and the fa

Formerly migratory children may par

demonstrate in its application that: cilities and materials to be used. The es

. (a) The State educational agency has, timates required by this paragraph shall ticipate in projects which include currently migratory children, or may par

(to the extent feasible considering the be based on all relevant information, in

ticipate in projects developed solely for parents' time of residence in the State) cluding, but not limited to, the prior the formerly migratory children, under consulted with the parents of children to year's experience; the following conditions:

be served or who are being served, and (5) A statement of the procedures and

(a) Their participation will not pre- considered the views of these parents instruments by which the effectiveness of

vent the participation of currently mi- with respect to the planning of the State the program will be evaluated in accord

gratory children nor dilute the effec- program; and ance with $ 116.43 of this chapter;

tiveness of programs for those children; (b) One or more advisory councils will (6) A description of the agency's pro

be established in the State composed of

(b) There is on file current valid docgram for involving parents and appropri

parents of children to be served or who ate representatives of migratory children umentation of each formerly migratory

are being served and of other persons in accordance with the requirements of child's eligibility status; and $ 1160.37;

(c) There is on file the signature of knowledgeable of the needs of migratory

children, and that such co the parent or guardian indicating con

(s) will (7) A description of the types of information (In addition to the migrant sent to each formerly migratory child's be consulted and their views considered

concerning the operation and evaluation student record transfer system) which

participation. This signature must be obthe State educational agency will comtained annually and be dated not earlier

of the present state program and local municate to State educational agencies than 12 months prior to the beginning projects and the planning of future pro

grams and projects. in other States about the migratory

of the child's participation. children to be served and the agency's

(20 U.S.C. (20 U.S.C. 2410-2(a) (3).)

2410-2(a)(1)(C), 243e(a) (8). plan for insuring as much continuity as

1231d.) possible in the education of these chil

8 1160.36 Comparable access of migra- & 116d.38 Supporting services. dren;

tory children to State and locally

funded educational facilities and (a) General. A State educational (8) A designation of the State educa

services. tional agency activities proposed to be

agency of its designated operating charged to administrative funds pursu- (a) Assurances by State educational agency may provide health, welfare and ant to $ 116d. 10(a); and agency. Each State educational agency

other supporting services under this part,

but only to the extent necessary to en(9) A description of the State educa- applying for a grant under this part shall tional agency's plan for meeting the re- include in its application an assurance

able eligible school age and preschool quirements of $ 116.45 of this chapter that, during the time migratory children

children to participate effectively in inpertaining to dissemination of public in- reside in the State, the State educational structional services. formation. agency will not conduct a program for

(b) Day care services. Day care servmigratory (20 U.S.C. 2410-2(a), 1232c(b).)

children under

ices for infants and very young children

this part through a local educational agency which

may not be provided under this part ex& 1160.3la Programs of instruction for does not provide for access by migra

cept as a support service to eligible prepreschool migratory children.

tory children to State and locally funded school and older children, and then only For the purpose of g 1160.31(a), a proeducational facilities and services com

on specific approval by the Commisgram of instruction designed to meet the parable to those ordinarily provided to sioner. A State educational agency represchool educational needs of migra

non-migrant children who reside in the questing funds under this part for day tory children of migratory agricultural

attendance area in which the migratory care services shall include this request in workers

children are served. The preceding sen-
or of migratory fishermen
tence does not apply in the case of a

Its application to the Commissioner or in means a program: project initiated at a time during which

an amendment to that application, and (a) Limited to children who are un- State and locally-funded educational shall accompany its request with sufder the age at which public elementary facilities and services are not ordinarily cient information to enable the Commis

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, JULY 13, 1977

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sloner to determine that the day care projects which are of suficient size, scope ects with similar programs and projects in described in the request is:

and quality to give reasonable promise other States, including the transmittal of (1) Not available from other public or of substantial progress towards meeting pertinent information with respect to school private agencies; such needs;

records of such children; (2) Essential to enable preschool and (c) Provision will be made for pro

(B) That in planning and carrying out school age migratory children to partici

programs and projects there has been and grams of instruction to meet the prepate in the instructional program under school eductional needs of migratory

will be appropriate coordination with pro

grams administered under part B of title m this part; and

children of migratory agricultural work- of the Economic Opportunity Act of 1964; (3) Not extravagent in view of the cost, ers and migratory fishermen if (con- (C) That such programs and projects will the number of children who would re- sidering the amount of funds available)

be administered and carried out in a manner ceive day care, the number of eligible this provision will not detract from the consistent with the basic objectives of children involved, and the effect the operation of programs and projects for

clauses (1)(B) and (3) through (12) of sec

tion 141(a); and availability of such services would have children of school age: on the attendance and participation of

(D) That, in planning and carrying out

(d) The State Program has been such eligible preschool and school age planned and will be operated in coordi

programs and projects, there has been ade

quate assurance that provision will be made migratory children in instructional serv- nation with programs administered un- for the preschool educational needs of miices provided under this part.

der Part B of Title III of the Economic gratory children of migratory agricultural (c) Day care services; required infor- Opportunity Act of 1964;

workers or of migratory fishermen, whenever mation. A State educational agency re- 1e) In the planning of the State pro

such agency determines that compliance with questing funds under this part for day

this clause will not detract from the operagram described in the application, the care services shall support its request State educational agency has consulted

tion of programs and projects described in with information

clause (A) of this paragraph arter consideras to the estimated

with other agencies, including the State ing funds available for this purpose. costs, a description of the specific serv- educational agencies which have pro- The Commissioner shall not finally disapices, and the pertinent conditions in

vided services for such children and are prove an application of a State educational dicating a need for the services, includ- knowledgeable of their needs; and agency under this paragraph except after ing the estimated number of children re- (f) The State educational agency's

reasonable notice and opportunity for a quiring the service, the public and pri- plan for insuring continuity in the edu

hearing to the State educational agency vate agencies contacted to provide the cation of migratory children includes

(2) If the Commissioner determines that services and their written responses, and appropriate procedures for coordinating

& State is unable or unwilling to conduct

educational programs for migratory children & detalled account of the effect that the

programs and projects with similar pro- of migratory agricultural workers or of miabsence of the services has had on the

grams and projects in other States and gratory fishermen, or that it would result in attendance and participation of children

for the agency's full participation in and more efficient and economic administration, in previous programs and would be ex full utilization of the migrant student

or that it would add substantially to the pected to have on the attendance and record transfer system established by the

welfare or educational attainment of such participation of children in the program Commissioner.

children, he may make special arrangements covered by the application. The State

with other public or nonprofit private agen(20 U.S.C. 2410-2.)

cies to carry out the purposes of this section educational agency also shall provide in

in one or more States, and for this purpose formation as to the estimated number & 1160.40 Cooperative programs.

he may use all or part of the total of grants of eligible preschool and school age chil

Two or more State educational agen

available for any such state under this dren whose attendance and participa

section. tion would be improved by the availabilcies may submit to the Commissioner &

(3) For purposes of this section, with the joint application for & program or projity of such services and the extent of the

concurrence of his parents, a migratory chud ect involving children to be served by all of & migratory agricultural worker or of a improvement

of those particular agencies. By an ap- migratory fisherman shall be deemed to con(20 US.C. 2410-2(a)(1)(A)(D).) propriate interagency agreement, one tinue to be such a child for a period, not in

excess of five years, during which he resides & 1160.39 Criteria for the approval of such agency with the approval of the

in the area served by the agency carrying on State applications.

Commissioner may administer such &
program or project.

& program or project under this subsection. The Commissioner shall approve &

Such children who are presently migrant, A6 State application only 1 he determines (20 U.S.C. 1232c(b) (1).)

determined pursuant to regulations of the

Commissioner, shall be given priority in this that it contains the information required & 1160.41 Commissioner's disapproval consideration of programs and activities conby | 1160.31, and complies with all other of State application; notice and hear. tained in applications submitted under this requirements in this part and applicable ing.

subsection requirements of Parts 100b and 116 of

(b) Except as provided in sections 124 and

The Commissioner may not finally disthis chapter, and if he determines that:

125, the total grants which shall be made approve an application of a State educa(a) Payments will be used for programs

available for use in any State (other than tional agency under this part except after Puerto Rico) for this section shall be an and projects (including the acquisition

reasonable notice and opportunity for a amount equal to 40 per centum of the averof equipment and where necessary the hearing to that agency.

age per pupil expenditure in the State (or construction of school facilities) which

(1) in the case where the average par pupu are designed to meet the special educa(20 U.S.C. 2410-2(a) (1).)

expenditure in the State is less than 80 per tonal needs of migratory children of mi- APPENDIX-SECTION 122 PROGRAMS FOR centum of the average per pupil expenditure gratory agricutural workers or of mi

MIGRATORY CHILDREN

in the United States, or (2) in the case where gratory fishermen, and to coordinate

the average per pupul expenditure in the

Brc. 122(a) (1) A State educational agen- State is more than 120 per centum of the these programs and projects with similar

cy or combination of such agencies, upon average per pupll expenditure in the United programs and projects in other States,

application, shall be entitled to receive a States, of 120 per centum of the average per including the transmittal of pertinent grant for any Escal year under this section pupil expenditure in the United States) information with respect to school rec- to establish or improve, either directly or multiplied by (1) the estimated number of ords of these children:

through local educational agencies, such migratory children aged Ave to seven(b) Seri'ces to be provided show reagrams of education for migratory children

teen, inclusive, who reside in the State full of migratory agricultural workers or of misonable promise of meeting the special

time, and (2) the full-timo "quivalent of the gratory Ashermen. The Commissioner may educational needs of migratory children

estimated number of such migratory chilapprove such an application only upon his dren aged Ave to seventeen, inclusive, who of migratory agricultural workers and determination:

reside in the State part timo, u determined migratory fishermen as demonstrated by (A) That payments will be used for pro- by the Commissioner in scoordance with the needs assessment required by $ 1160.- grams and projects (including the acquisi

regulations, ozoopt that , in tho ause of any 31(b) (3) particulary with respect to im- tion of equipment and where necessary tho Btate, such amount ocode the amount

construction of school facilities) which are provements in the educational perform- designed to meet the special educational

required under rubeoction (). the one

mbasdonor aball locato rush on to the ance of children in the basic programs needs of migratory childron of migratory u. extent nocersey, to other states vous total of instruction; and that payments under Mcultural workers or of migratory nshermen of grants under the mentado vould other this part wul be used for programs and and to coordinate these programs and proj- vise be insuficient for rach drea

FEDERAL REGISTER, VOL. 42, NO. 134-WEDNESDAY, MY 13, 147

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