115 STAT. 1578 PUBLIC LAW 107-110-JAN. 8, 2002 20 USC 6397. "SEC. 1307. BYPASS. "The Secretary may use all or part of any State's allocation under this part to make arrangements with any public or private nonprofit agency to carry out the purpose of this part in such State if the Secretary determines that— "(1) the State is unable or unwilling to conduct educational programs for migratory children; "(2) such arrangements would result in more efficient and economic administration of such programs; or "(3) such arrangements would add substantially to the welfare or educational attainment of such children. 20 USC 6398. "SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. "(a) IMPROVEMENT OF COORDINATION.— "(1) IN GENERAL.—The Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among such agencies' educational programs, including the establishment or improvement of programs for credit accrual and exchange, available to migratory students. "(2) DURATION. —Grants under this subsection may be awarded for not more than 5 years. " (b) STUDENT RECORDS. — "(1) ASSISTANCE.—The Secretary shall assist States in developing effective methods for the electronic transfer of student records and in determining the number of migratory children in each State. " (2) INFORMATION SYSTEM. — "(A) IN GENERAL.— The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of enactment of the No Child Left Behind Act of 2001, and shall determine the minimum data elements that each State receiving funds under this part shall collect and maintain. Such elements may include— "(i) immunization records and other health information; "(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments required under section 1111(b); "(iii) other academic information essential to ensuring that migratory children achieve to high standards; and "(iv) eligibility for services under the Individuals with Disabilities Education Act. Federal Register, "(B) NOTICE AND COMMENT. — After consulting with the publication. States under subparagraph (A), the Secretary shall publish a notice in the Federal Register seeking public comment on the proposed data elements that each State receiving
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