---
kind: "section"
citation: "20 U.S.C. § 6396"
title: "20"
title_heading: "Education"
number: "6396"
heading: "Comprehensive needs assessment and service-delivery plan; authorized activities"
release: "119-102"
url: "https://uscodex.org/usc/20/6396"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part C — Education of Migratory Children"
---

# §6396. Comprehensive needs assessment and service-delivery plan; authorized activities

- (a) **Comprehensive plan—**
  - (1) **In general—** Each [State](/usc/20/7801.md?p=48) that receives assistance under this part shall ensure that the [State](/usc/20/7801.md?p=48) and its [local operating agencies](/usc/20/6399.md?p=1) identify and address the unique educational needs of migratory children in accordance with a comprehensive [State](/usc/20/7801.md?p=48) plan that—
    - (A) is integrated with other programs under this chapter or other Acts, as appropriate;
    - (B) may be submitted as a part of a consolidated application under [section 7842 of this title](/usc/20/7842.md), if—
      - (i) the unique needs of migratory children are specifically addressed in the comprehensive [State](/usc/20/7801.md?p=48) plan;
      - (ii) the comprehensive [State](/usc/20/7801.md?p=48) plan is developed in collaboration with [parents](/usc/20/7801.md?p=38) of migratory children; and
      - (iii) the comprehensive [State](/usc/20/7801.md?p=48) plan is not used to supplant [State](/usc/20/7801.md?p=48) efforts regarding, or administrative funding for, this part;
    - (C) provides that migratory children will have an opportunity to meet the same challenging [State](/usc/20/7801.md?p=48) academic 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](/usc/20/7801.md?p=48), and Federal educational programs;
    - (F) is the product of joint planning among such local, [State](/usc/20/7801.md?p=48), and Federal programs, including programs under part A, early childhood programs, and language instruction educational programs under part A of subchapter 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](/usc/20/7801.md?p=48) plan shall—
    - (A) remain in effect for the duration of the [State](/usc/20/7801.md?p=48)’s participation under this part; and
    - (B) be periodically reviewed and revised by the [State](/usc/20/7801.md?p=48), as necessary, to reflect changes in the [State](/usc/20/7801.md?p=48)’s strategies and programs under this part.
- (b) **Authorized activities—**
  - (1) **Flexibility—** In implementing the comprehensive plan described in [subsection (a)](#a), each [State educational agency](/usc/20/7801.md?p=49), where applicable through its [local educational agencies](/usc/20/7801.md?p=30-A), retains the flexibility to determine the activities to be provided with [funds](/usc/20/4702.md?p=3) made available under this part, except that such [funds](/usc/20/4702.md?p=3) 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](/usc/20/5802.md?p=a-11).
  - (2) **Unaddressed needs—** [Funds](/usc/20/4702.md?p=3) 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](/usc/20/4702.md?p=3) provided under that part, or through [funds](/usc/20/4702.md?p=3) under this part that remain after the agency addresses the needs described in [paragraph (1)](#b-1).
  - (3) **Construction—** Nothing in this part shall be construed to prohibit a [local educational agency](/usc/20/7801.md?p=30-A) from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate.
  - (4) **Special rule—** Notwithstanding [section 6314 of this title](/usc/20/6314.md), a [school](/usc/20/5802.md?p=a-11) that receives [funds](/usc/20/4702.md?p=3) under this part shall continue to address the identified needs described in [paragraph (1)](#b-1), and shall meet the unique educational needs of migratory children before using [funds](/usc/20/4702.md?p=3) under this part for schoolwide programs under [section 6314 of this title](/usc/20/6314.md).

## Source credit

(Pub. L. 89–10, title I, § 1306, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1576; amended Pub. L. 114–95, title I, § 1301(e), Dec. 10, 2015, 129 Stat. 1897.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6396, Pub. L. 89–10, title I, § 1306, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3589, related to comprehensive needs assessments and service-delivery plans, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (a)(1). Pub. L. 114–95, § 1301(e)(1)(A), substituted “unique” for “special” in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 114–95, § 1301(e)(1)(B)(i), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7842 of this title.

Subsec. (a)(1)(B)(i). Pub. L. 114–95, § 1301(e)(1)(B)(ii), substituted “unique” for “special”.

Subsec. (a)(1)(C). Pub. L. 114–95, § 1301(e)(1)(C), substituted “challenging State academic standards” for “challenging State academic content standards and challenging State student academic achievement standards”.

Subsec. (a)(1)(F). Pub. L. 114–95, § 1301(e)(1)(D), substituted “part A of subchapter III” for “part A or B of subchapter III”.

Subsec. (b)(1). Pub. L. 114–95, § 1301(e)(2)(A), substituted “retains the flexibility to” for “shall have the flexibility to”.

Subsec. (b)(4). Pub. L. 114–95, § 1301(e)(2)(B), substituted “unique educational needs” for “special educational needs”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.