PUBLIC LAW 107-llO^JAN. 8, 2002 115 STAT. 1579 funds under this part shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. Such publica- Deadline, tion shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001. "(3) No COST FOR CERTAIN TRANSFERS. —^A State educational agency or local educational agency receiving assistance under this part shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child. " (4) REPORT TO CONGRESS.— "(A) IN GENERAL.—Not later than April 30, 2003, the Deadline. Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the Secretary's findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States. "(B) REQUIRED CONTENTS.—The Secretary shall include in such report— "(i) a review of the progress of States in developing and linking electronic records transfer systems; "(ii) recommendations for the development and linkage of such systems; and "(iii) recommendations for measures that may be taken to ensure the continuity of services provided for migratory students. "(c) AVAILABILITY OF FUNDS. —For the purpose of carrying out this section in any fiscal year, the Secretary shall reserve not more than $10,000,000 of the amount appropriated to carry out this part for such year. "(d) INCENTIVE GRANTS. —From the amounts made available to carry out this section for any fiscal year, the Secretary may reserve not more than $3,000,000 to award grants of not more than $250,000 on a competitive basis to State educational agencies that propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted. "(e) DATA COLLECTION. —The Secretary shall direct the National Center for Education Statistics to collect data on migratory children. "SEC. 1309. DEFINITIONS. 20 USC 6399. "As used in this part: "(1) LOCAL OPERATING AGENCY.— The term 'local operating agency' means— "(A) a local educational agency to which a State educational agency makes a subgrant under this part; "(B) a public or nonprofit private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this part; or "(C) a State educational agency, if the State educational agency operates the State's migrant education program or projects directly.
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