20 U.S. Code § 1070d–2 - Maintenance and expansion of existing programs
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(a)
Program authority
The Secretary shall maintain and expand existing secondary and postsecondary high school equivalency program and college assistance migrant program projects located at institutions of higher education or at private nonprofit organizations working in cooperation with institutions of higher education.
(b)
Services provided by high school equivalency program
The services authorized by this subpart for the high school equivalency program include—
(1)
recruitment services to reach persons—
(2)
educational services which provide instruction designed to help students obtain a general education diploma which meets the guidelines established by the State in which the project is located for high school equivalency;
(3)
supportive services which include the following:
(7)
exposure to cultural events, academic programs, and other educational and cultural activities usually not available to migrant youth;
(c)
Services provided by college assistance migrant program
(1)
Services authorized by this subpart for the college assistance migrant program include—
(A)
outreach and recruitment services to reach persons who themselves or whose immediate family have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork or who have participated or are eligible to participate, in programs under part C of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6391 et seq.] or section
2912 of title
29, and who meet the minimum qualifications for attendance at a college or university;
(B)
supportive and instructional services to improve placement, persistence, and retention in postsecondary education, which include:
(2)
A recipient of a grant to operate a college assistance migrant program under this subpart shall provide followup services for migrant students after such students have completed their first year of college, and shall not use more than 10 percent of such grant for such followup services. Such followup services may include—
(A)
monitoring and reporting the academic progress of students who participated in the project during such student’s first year of college and during such student’s subsequent years in college;
(B)
referring such students to on- or off-campus providers of counseling services, academic assistance, or financial aid, 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
(d)
Management plan required
Each project application shall include a management plan which contains assurances that the grant recipient will coordinate the project, to the extent feasible, with other local, State, and Federal programs to maximize the resources available for migrant students, and that staff shall have a demonstrated knowledge and be sensitive to the unique characteristics and needs of the migrant and seasonal farmworker population, and provisions for:
(e)
Five-year grant period; consideration of prior experience
Except under extraordinary circumstances, the Secretary shall award grants for a 5-year period. For the purpose of making grants under this subpart, the Secretary shall consider the prior experience of service delivery under the particular project for which funds are sought by each applicant. Such prior experience shall be awarded the same level of consideration given this factor for applicants for programs in accordance with section
1070a–11
(c)(2) of this title.
(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 1/2 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;
(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.
(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;
Source
(Pub. L. 89–329, title IV, § 418A, as added Pub. L. 99–498, title IV, § 401(a),Oct. 17, 1986, 100 Stat. 1341; amended Pub. L. 100–50, § 7,June 3, 1987, 101 Stat. 340; Pub. L. 102–325, title IV, § 405,July 23, 1992, 106 Stat. 507; Pub. L. 103–382, title III, § 391(e)(1), (2),Oct. 20, 1994, 108 Stat. 4022; Pub. L. 105–244, title IV, § 408,Oct. 7, 1998, 112 Stat. 1667; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(15)(A), (f)(12)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421, 2681–431; Pub. L. 110–315, title IV, § 408,Aug. 14, 2008, 122 Stat. 3223.)
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsecs. (b)(1)(B)(ii) and (c)(1)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Part C of title I of the Act is classified generally to part C (§ 6391 et seq.) of subchapter
I of chapter
70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
6301 of this title and Tables.
Prior Provisions
A prior section
1070d–2,Pub. L. 89–329, title IV, § 418A, as added Pub. L. 96–374, title IV, § 406,Oct. 3, 1980, 94 Stat. 1411, related to secondary and postsecondary high school equivalency programs and college assistance migrant programs, prior to the general revision of this part by Pub. L. 99–498.
Another prior section
1070d–2,Pub. L. 89–329, title IV, § 418A, as added Pub. L. 94–482, title I, § 125,Oct. 12, 1976, 90 Stat. 2096; amended Pub. L. 96–49, § 5(a)(6),Aug. 13, 1979, 93 Stat. 352, provided for the Educational Information Centers program, prior to repeal by Pub. L. 96–374, title I, § 101(b),Oct. 3, 1980, 94 Stat. 1383. See section
1070d–1c of this title.
A prior section
1070d–3,Pub. L. 89–329, title IV, § 418B, as added Pub. L. 94–482, title I, § 125,Oct. 12, 1976, 90 Stat. 2097, related to administration by States of Educational Information Centers program, prior to repeal by Pub. L. 96–374, title I, § 101(b),Oct. 3, 1980, 94 Stat. 1383, eff. Oct. 1, 1980.
Amendments
2008—Subsec. (b)(1)(B)(i). Pub. L. 110–315, § 408(1)(A), substituted “immediate family” for “parents”.
Subsec. (b)(3)(B). Pub. L. 110–315, § 408(1)(B), inserted “(including preparation for college entrance examinations)” after “junior college program”.
Subsec. (b)(5). Pub. L. 110–315, § 408(1)(C), struck out “weekly” before “stipends”.
Subsec. (b)(7). Pub. L. 110–315, § 408(1)(D), struck out “and” after semicolon.
Subsec. (b)(8). Pub. L. 110–315, § 408(1)(E), inserted “(such as transportation and child care)” after “services” and substituted “; and” for period at end.
Subsec. (b)(9). Pub. L. 110–315, § 408(1)(F), added par. (9).
Subsec. (c)(1)(A). Pub. L. 110–315, § 408(2)(A)(i), substituted “immediate family” for “parents” and struck out “(or such part’s predecessor authority)” before “or section
2912”.
Subsec. (c)(1)(B). Pub. L. 110–315, § 408(2)(A)(ii)(I), inserted “to improve placement, persistence, and retention in postsecondary education,” after “services” in introductory provisions.
Subsec. (c)(1)(B)(i). Pub. L. 110–315, § 408(2)(A)(ii)(II), substituted “career, and economic education or personal finance” for “and career”.
Subsec. (c)(1)(E) to (G). Pub. L. 110–315, § 408(2)(A)(iii)–(vi), struck out “and” at end of subpar. (E), added subpar. (F), redesignated former subpar. (F) as (G) and, in par. (G), substituted “essential supportive services (such as transportation and child care)” for “support services”.
Subsec. (c)(2)(A). Pub. L. 110–315, § 408(2)(B)(i), struck out “and” after semicolon.
Subsec. (c)(2)(B). Pub. L. 110–315, § 408(2)(B)(ii), substituted “, 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” for period at end.
Subsec. (c)(2)(C). Pub. L. 110–315, § 408(2)(B)(iii), added subpar. (C).
Subsec. (e). Pub. L. 110–315, § 408(3), substituted “section
1070a–11
(c)(2)” for “section
1070a–11
(c)(1)”.
Subsec. (f)(1), (2). Pub. L. 110–315, § 408(4), substituted “$180,000” for “$150,000”.
Subsecs. (g) to (i). Pub. L. 110–315, § 408(6)–(8), added subsecs. (g) to (i) and struck out former subsecs. (h) and (i), which related to data collection and to authorization of appropriations.
Pub. L. 110–315, § 408(5), redesignatedsubsecs. (g) and (h) as (h) and (i), respectively.
1998—Subsecs. (b)(1)(B)(ii), (c)(1)(A). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(12)(A)], struck out “section
1672 of title
29 or” before “section
2912 of title
29”.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(15)(A)], substituted “section
1672 of title
29 or section
2912 of title
29” for “section
1672 of title
29”.
Subsec. (d). Pub. L. 105–244, § 408(a), inserted “that the grant recipient will coordinate the project, to the extent feasible, with other local, State, and Federal programs to maximize the resources available for migrant students, and” after “contains assurances” in introductory provisions.
Subsec. (e). Pub. L. 105–244, § 408(d), substituted “in accordance with section
1070a–11
(c)(1) of this title” for “authorized by subpart 4 of this part in accordance with section
1070d
(b)(2) of this title.”
Subsec. (g). Pub. L. 105–244, § 408(c)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 105–244, § 408(b), substituted “1999” for “1993” in pars. (1) and (2).
Subsec. (h). Pub. L. 105–244, § 408(c)(1), redesignatedsubsec. (g) as (h).
1994—Subsec. (b)(1)(B)(ii). Pub. L. 103–382, § 391(e)(1), substituted “part C” for “subpart 1 of part D of chapter 1”.
Subsec. (c)(1)(A). Pub. L. 103–382, § 391(e)(2), substituted “part C” for “subpart 1 of part D of chapter 1” and inserted “(or such part’s predecessor authority)” after “1965”.
1992—Subsec. (b)(1). Pub. L. 102–325, § 405(a)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “recruitment services to reach persons who are 17 years of age and over, who themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork, and who lack a high school diploma or its equivalent;”.
Subsec. (b)(4). Pub. L. 102–325, § 405(a)(1)(B), inserted comma after “concerning” and after “obtaining”.
Subsec. (c). Pub. L. 102–325, § 405(a)(2), (b), designated existing provisions as par. (1), redesignated former par. (1) as subpar. (A) and amended it generally, redesignated par. (2) and its subpars. (A) to (E) as subpar. (B) and cls. (i) to (v), respectively, redesignated par. (3) and its subpars. (A) to (H) as subpar. (C) and cls. (i) to (viii), respectively, redesignated pars. (4) to (6) as subpars. (D) to (F), respectively, and added par. (2). Prior to amendment, par. (1) read as follows: “outreach and recruitment services to reach persons who themselves or whose parents have spent a minimum of 75 days during the past 24 months in migrant and seasonal farmwork, and who meet the minimum qualifications for attendance at a college or university;”.
Subsec. (e). Pub. L. 102–325, § 405(c), substituted “Five-year” for “Three-year” in heading and “5-year” for “3-year” in text.
Subsec. (g). Pub. L. 102–325, § 405(d), amended subsec. (g) generally, substituting present provisions for former provisions which authorized appropriations for fiscal years 1987 through 1991.
1987—Subsec. (g). Pub. L. 100–50amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “There is authorized to be appropriated for this part $9,000,000 for fiscal year 1987, and such sums as may be necessary for the 4 succeeding fiscal years.”
Effective Date of 1998 Amendments
Amendment by section
101
(f) [title VIII, § 405(d)(15)(A)] of Pub. L. 105–277effective Oct. 21, 1998, and amendment by section
101
(f) [title VIII, § 405(f)(12)(A)] of Pub. L. 105–277effective July 1, 2000, see section
101
(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section
3502 of Title
5, Government Organization and Employees.
Amendment by Pub. L. 105–244effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 ofPub. L. 105–244, set out as a note under section
1001 of this title.
Effective Date of 1987 Amendment
Amendment by Pub. L. 100–50effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 ofPub. L. 100–50, set out as a note under section
1001 of this title.
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