Reauthorization Recommendations

IMEC Reauthorization Recommendations for Migrant Education
Revised March 2010

 

Analysis of Proposed House (Student Success Act) and Senate (ROM117523)

Draft Language of Title I, Part C - Education of Migratory Children

The Elementary and Secondary Education Act

January 2012

 

 

 

Prepared for the Interstate Migrant Education Council

By:  Bob Levy

 

 

 

IMEC Recommendation

 

 

House

 

Senate

 

Comments

 

I. Noteworthy Sections of Current Statute

 

 

 

 

 

 

 

 

 

 

 

1. Periodic Assessments

 

 

 

Not specifically addressed other than NCES shall collect academic data. MSIX data elements shall include results from assessments as required by Section 1111(b)(2)

 

 

 

 

 

 

 

Maintains language consistent with section 1111(d)(3)(B) . . . to be submitted on an annual basis

 

Also adds annual evaluations for (1) academic achievement, (2) H.S. graduation rates, and (3) performance measures and targets.

 

Also requests the evaluation of these activities w/funds and under direction of IES (9601(a))

 

Also requests pilot study under 2012 NAEP to assess/report on academic achievement of migrant children in grades 4 & 8 in reading and math

 

 

 

2. Disaggregation

 

Not specifically addressed other than NCES shall collect academic data

 

 

Maintains language consistent with section 1111(d)(3)(B) . . . to be submitted on an annual basis

 

 

 

3. Reporting of students not tested

 

Not specifically addressed other than NCES shall collect academic data

 

 

Maintains language consistent with section 1111(d)(3)(B) . . . to be submitted on an annual basis

 

 

 

IMEC Recommendation

 

 

House

 

Senate

 

Comments

 

 

4. Not less than 95% be assessed

 

Not specifically addressed other than NCES shall collect academic data

 

 

Maintains language consistent with section 1111(d)(3)(B) . . . to be submitted on an annual basis

 

 

 

 

5. SEA operated programs

 

 

 

No change

 

 

No change

 

 

II. Eligibility

 

 

 

 

 

  • Intent

 

 

Not addressed

 

Not addressed

 

 

 

 

 

2. Food Processing

 

 

 

 

Not addressed

 

Food Processor defined in Section 1310, (1) p. 237, line 23: the term “food processor” means a position working with a raw agricultural, dairy, or fishing product and transforming the product into a more refined product up to the point of an initial commercial sale.”

 

 

NEW - Section 1310 (2) defines “Initial Commercial Sale”  . . . as the first point of sale of an agricultural, dairy, or fishing product –  (A) for refining to the next stage processor; (B) to the wholesaler: (C) to the retailer; or (D) directly to the consumer.

 

 

 

 

 

 

3. “Temporary”

 

 

 

 

Not addressed

 

Section 1310 (5) (A) migratory child means “. . . currently engaged in, or seeking to obtain, temporary or seasonal employment, usually for not longer than 15 months . . . in agriculture . . . “

 

 

 

 

 

NEW definition of temporary


 

 

IMEC Recommendation

 

House

 

Senate

 

Comments

 

 

 

 

 

4.  A 5% error rate

 

 

 

 

 

Not addressed

 

 

 

 

 

Not addressed

 

Although not addressing a 5% error rate, the Senate version recommends (p. 220, line 24)”  . . . may not reduce a state allocation . . . on the basis of unintentional errors in such counts that meet the criteria . . . if the discrepancy . . . is minimal“

 

 

III. Expand Preschool Services

 

 

 

 

 

 

5. Expand Age to Include Birth to Age 21

 

 

 

 

Remains 3-21

 

 

Remains 3-21

 

 

IV. Support Summer Program

 

 

 

 

 

 

 

 

6. Continue the Current Law Which Provided Additional Funding for Summer Programs

 

 

 

 

Summer Program counts maintained in funding formula

 

 

 

 

Summer Program counts maintained in funding formula

 

On p.87 of House Bill, (f) Determining Numbers of Eligible Children (3) the Secretary shall implement the procedure for more accurately reflecting cost factors for different types of summer and intersession program designs; and (4) “conduct an analysis of the options . . . “

 


 

 

IMEC Recommendation

 

 

House

 

Senate

 

Comments

 

V. Priority For Service

 

 

 

 

 

7. Remove “Interruption of Education During the Regular School Year”

 

p. 93 lines 6-10 (d) Priority For Services – “ . . . shall give priority to migratory children who are failing, or most at risk of failing, to meet . . .”

 

 

p. 227 14-19 (1) “are failing, or at risk of failing, to meet . . . . . or (2) have dropped out of school”

 

House – no mention of time frame for PFS

 

Senate – p. 227, lines 12-13 (A) “who have made a move within the previous 1–year period and who . . .  . ”

 

 

 

8. PFS to include pre-school and out-of-school services

 

 

 

Not specifically addressed under PFS

 

Not specifically addressed under PFS, although, p. 227, line 19, one of the priorities is to “(2) have dropped out of school” and p. 223, line 12-13, after pre-school migratory children.”

 

 

Pre-school services are mentioned frequently throughout both versions, including senate p.223, lines 11-13, and p. 229, 12-14, “by striking “early childhood programs” and inserting “early care and education programs.”

 

 

VI. Increase Graduation Rates

 

 

 

 

 

 

9. Include High School Graduation

 

Section 1131. Program Purposes (3) “ . .  . to help such children . . . and graduate from high school . . . “

 

 

Section 1301 Program Purpose: to help such children . . . (3) graduate high school ready for . . . . . “

 

 

VII. Attention to Out-of-School Youth

 

 

 

 

 

 

 

10. Include out-of-school migrant youth

 

All language is consistent throughout the bill addressing the migrant “child” rather than migrant “student”, thus allowing services to the entire 3-21 population.

 

 

All language is consistent throughout the bill addressing the migrant “child” rather than migrant “student”, thus allowing services to the entire 3-21 population.

 

 

 

See #7 and #8, Senate PFS, re: “have dropped out of school.”


 

 

IMEC Recommendation

 

 

House

 

Senate

 

Comments

 

VIII. Equity for Parents

 

 

 

 

 

 

 

 

 

 

 

 

 

11. Give Migrant Parents The Same Rights As Title I, Part A Parents

 

 

“ . . . in the planning and operation of programs and projects at both the SEA and LEA levels, there is consultation w/parents of migratory children for programs of not less than one school year in duration, and that all such programs & projects are carried out – in a manner that provides for the same parental involvement as is required . . . under section 1118, unless extraordinary circumstances make such provision impractical.” P. 91, lines 11-21

 

 

 

 

 

 

 

 

 

 

The senate language appears nearly identical to that proposed in the house bill

 

 

 

IX. Technical Amendments

 

 

 

 

 

12. Change Title to Reflect the Population

 

 

Subpart 2-Education of Migratory Children

 

Part C-Education of Migratory Children

 

No change

 

13. Substitute “Identified Educational” for “Special Education” when Referring to the Needs of Migrant Students

 

 

Language appears to have changed from “special” to “unique” educational needs of migratory children. p. 82, line 12; p. 87, line 22; p.94, line 15

 

 

Language has been struck and purposefully changed from “special” to “unique” educational needs of migratory children. P. 216, line 24; p. 223, line 9; p. 228, line 13

 

 

 

Consistent change from “special” to “unique”

 

 

 

 

 

 

 

 

 

 

 

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