PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1577 "(iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this part; "(C) provides that migratory children will have an opportunity to meet the same challenging State academic content standards and challenging State student academic achievement standards that all children are expected to meet; "(D) specifies measurable program goals and outcomes; "(E) encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; "(F) is the product of joint planning among such local. State, and Federal programs, including programs under part A, early childhood programs, and language instruction educational programs under part A or B of title III; and "(G) provides for the integration of services available under this part with services provided by such other programs. "(2) DURATION OF THE PLAN.— Each such comprehensive State plan shall— "(A) remain in effect for the duration of the State's participation under this part; and "(B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State's strategies and programs under this part. "(b) AUTHORIZED ACTIVITIES.— "(1) FLEXIBILITY.—In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, shall have the flexibility to determine the activities to be provided with funds made available under this part, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school. "(2) UNADDRESSED NEEDS. —Funds provided under this part shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under part A may receive those services through funds provided under that part, or through funds under this part that remain after the agency addresses the needs described in paragraph (1). "(3) CONSTRUCTION. —Nothing in this part shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate. "(4) SPECIAL RULE. — Notwithstanding section 1114, a school that receives funds under this part shall continue to address the identified needs described in paragraph (1), and shall meet the special educational needs of migratory children before using funds under this part for schoolwide programs under section 1114.
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