Page:United States Statutes at Large Volume 102 Part 1.djvu/215

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 177

migratory children aged 3 to 21, inclusive, who reside in the State part time, as determined by the Secretary in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under section 1202, the Secretary shall allocate such excess, to the extent necessary, to other States, whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. In determining the full-time equivalent number of migratory children who are in a State during the summer months, the Secretary shall adjust the number so determined to take into account the special needs of those children for summer programs and the additional costs of operating such programs during the summer. In determining the number of migrant children for the purposes of this section the Secretary shall use statistics made available by the migrant student record transfer system or such other system as the Secretary may determine most accurately and fully reflects the actual number of migrant students. In submitting the information required to make such determination, the States may not exceed a standard error rate of 5 percent. "(2) To carry out the determinations of eligibility required by this section, the Secretary shall develop a national standard form for certification of migrant students. "(3) For each fiscal year, the Secretary shall determine the Puerto Rico, percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. The grant which the Commonwealth of Puerto Rico shall be eligible to receive under this section for a fiscal year shall be the amount arrived at by multiplying the number of such migrant children in the Commonwealth of Puerto Rico by the product of— "(A) the percentage determined under the preceding sentence, and "(B) 32 percent of the average per pupil expenditure in the United States. "SEC. 1202. PROGRAM REQUIREMENTS. 20 USC 2782. "(a) REQUIREMENTS FOR APPROVAL OF APPLICATION.—The Sec-

retary may approve an application submitted under section 1201(a) only upon a determination— "(1) that payments will be used for programs and projects Records. (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 (including migratory agricultural dairy workers) or of migratory fishermen, and to coordinate such 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; "(2) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under section 418 of the Higher Education Act, section 402 of the Job Training Partnership Act, the Education of the Handicapped Act, the Community Services Block Grant Act, the Head Start program, the migrant health program, and all other appropriate programs under the Departments of Education, Labor, and Agriculture;

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