Pub. L. 110-315, tit. IV, pt. A, sec. 408
SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK.
SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK. Section 418A (20 U.S.C. 1070d–2) is amended—(1) in subsection (b)—(A) in paragraph (1)(B)(i), by striking “parents” and inserting “immediate family”;(B) in paragraph (3)(B), by inserting “(including preparation for college entrance examinations)” after “college program”;(C) in paragraph (5), by striking “weekly”;(D) in paragraph (7), by striking “and” after the semicolon;(E) in paragraph (8)—(i) by inserting “(such as transportation and child care)” after “services”; and(ii) by striking the period at the end and inserting “; and”; and(F) by adding at the end the following:“(9) other activities to improve persistence and retention in postsecondary education.”;(2) in subsection (c)—(A) in paragraph (1)—(i) in subparagraph (A)—(I) by striking “parents” and inserting “immediate family”; and(II) by striking “(or such part’s predecessor authority)”;(ii) in subparagraph (B)—(I) in the matter preceding clause (i), by inserting “to improve placement, persistence, and retention in postsecondary education,” after “services”; and122 STAT. 3224(II) in clause (i), by striking “and career” and inserting “career, and economic education or personal finance”;(iii) in subparagraph (E), by striking “and” after the semicolon;(iv) by redesignating subparagraph (F) as subparagraph (G);(v) by inserting after subparagraph (E) the following:“(F) internships; and”; and(vi) in subparagraph (G) (as redesignated by clause (iv)), by striking “support services” and inserting “essential supportive services (such as transportation and child care)” ; and(B) in paragraph (2)—(i) in subparagraph (A), by striking “and” after the semicolon;(ii) in subparagraph (B), by striking the period at the end and inserting “, and coordinating such services, assistance, and aid with other non-program services, assistance, and aid, including services, assistance, and aid provided by community-based organizations, which may include mentoring and guidance; and”; and(iii) by adding at the end the following:“(C) for students attending two-year institutions of higher education, encouraging the students to transfer to four-year institutions of higher education, where appropriate, and monitoring the rate of transfer of such students.”;(3) in subsection (e), by striking “section 402A(c)(1)” and inserting “section 402A(c)(2)”;(4) in subsection (f)—(A) in paragraph (1), by striking “$150,000” and inserting “$180,000”; and(B) in paragraph (2), by striking “$150,000” and inserting “$180,000”;(5) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively;(6) by inserting after subsection (f) the following:“(g) Reservation and Allocation of Funds.—From the amounts made available under subsection (i), the Secretary—“(1) may reserve not more than a total of ½ of one percent for outreach activities, technical assistance, and professional development programs relating to the programs under subsection (a);“(2) for any fiscal year for which the amount appropriated to carry out this section is equal to or greater than $40,000,000, shall, in awarding grants from the remainder of such amounts—“(A) make available not less than 45 percent of such remainder for the high school equivalency programs and not less than 45 percent of such remainder for the college assistance migrant programs;“(B) award the rest of such remainder for high school equivalency programs or college assistance migrant programs based on the number, quality, and promise of the applications; and“(C) consider the need to provide an equitable geographic distribution of such grants; and122 STAT. 3225“(3) for any fiscal year for which the amount appropriated to carry out this section is less than $40,000,000, shall, in awarding grants from the remainder of such amounts make available the same percentage of funds to the high school equivalency program and to the college assistance migrant program as was made available for each such program for the fiscal year preceding the fiscal year for which the grant was made.”;(7) by striking subsection (h) (as redesignated by paragraph (5)) and inserting the following:“(h) Data Collection.—The Secretary shall—“(1) annually collect data on persons receiving services authorized under this subpart regarding such persons’ rates of secondary school graduation, entrance into postsecondary education, and completion of postsecondary education, as applicable;“(2) not less often than once every two years, prepare and submit to the authorizing committees a report based on the most recently available data under paragraph (1); and“(3) make such report available to the public.”; and(8) by striking subsection (i) (as redesignated by paragraph (5)) and inserting the following:“(i) Authorization of Appropriations.—For the purpose of making grants and contracts under this section, there are authorized to be appropriated $75,000,000 for fiscal year 2009 and such sums as may be necessary for the each of the five succeeding fiscal years.”.