payments to state educational agencies for assistance in educating migratory children of migratory agricultural workers

payments to state educational agencies for assistance in educating migratory children of migratory agricultural workers Sec. 103. (a) Section 203(a) of such Act of September 30, 1950, is amended by inserting after paragraph (5) the following new paragraph: “(6) A State educational agency which has submitted and had approved an application under section 205(c) for any fiscal year shall be entitled to receive a grant for that year under this title for establishing or improving programs for migratory children of migratory agricultural workers. The maximum total of grants which shall be available for use in any State for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in the United States multiplied by (A) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (B) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations. For purposes of this paragraph, the ‘average per pupil expenditure’ in the United States shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies (as defined in section 303(6) (A)) in the United States (including only the fifty States and the District of Columbia), plus any direct current expenditures by States for operation of local educational agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.” (b) Section 205 of such Act is amended by adding the following new subsection at the end thereof: “(c) (1) A State educational agency or a combination of such agencies may apply for a grant for any fiscal year under this title to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers. The Commissioner may approve such an application only upon his determination— “(A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; “(B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964; and “(C) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1) (B) and (2) through (8) of subsection (a), and of section 206(a). The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable 80 Stat. 1193notice and opportunity for a hearing to the State educational agency. “(2) If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this subsection in one or more States, and for this purpose he may set aside on an equitable basis and use all or part of the maximum total of grants available for such State or States.” (c) (1) The portion of section 206(a) of such Act which precedes clause (1) is amended by striking out “participate in the program of this title” and inserting in lieu thereof “participate under this title (except with respect to the program described in section 205(c) relating to migratory children of migratory agricultural workers)”. (2) The first sentence of section 207(a) (1) of such Act is amended by inserting “it and” after “the amount which”. (3) Section 210 of such Act is amended by striking out “section 206(b)” and inserting in lieu thereof “section 205(c) or 206(b)”. (4) Section 211(a) of such Act is amended by striking out “section 206(a)” and inserting in lieu thereof “section 205(c) or 206(a)”.