Migrant Education Program
Preliminary Guidance for Title I, Part C
Public Law 103-382

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State Allocations

Congress appropriates funds each year for the MEP. The Department sets aside a portion of each year's appropriation for coordination activities authorized under Section 1308(c) of the ESEA. The remainder of the appropriation is then available for allocation to the states.

Funds are allocated to the states through the funding formula provided in Section 1303 of the statute. This formula is based on (1) the estimated full-time equivalent (FTE) number of migrant children aged 3 through 21 who reside in each state full time a nd part time during each calendar year, adjusted to account for children served in summer and intersession programs as required under Section 1303(e)(3); and (2) the per pupil expenditure (PPE) for each state.

In determining state allocations, the Department --

Step 1.
Determines each state's total count of migrant children for the previous calendar year by adding together the estimated number of migrant children aged 3 through 21 who reside in the state full time and the estimated FTE number of migrant children who reside in the state part time. The secretary will issue further guidance for states on how to determine this number and how to take into account children served in summer and intersession programs.

Step 2.
Obtains the PPE data for each state from data provided by the states to the National Center for Education Statistics (NCES).

Step 3.
Multiplies each state's PPE, as determined in Step 2, by 40 percent in order to determine the state's formula PPE. Compares the state's formula PPE with the average expenditure per pupil in the United States, and --

  1. In cases where a state's formula PPE is less than 32 percent of the national PPE, raises the state's formula PPE to 32 percent of the national PPE.

  2. In cases where a state's formula PPE is more than 48 percent of the national PPE, reduces the state's formula PPE to 48 percent of the national PPE.

  3. In cases where a state's formula PPE falls within the ranges described in A and B above, no adjustments are made.

Note: The statute requires additional adjustments in Puerto Rico's formula PPE.

Step 4.
Multiplies the amounts determined in Step 1 and Step 3 for each state to determine the maximum amount to which each state is entitled under the formula.

Step 5.
Ratably reduces the amount reached in Step 4 to the amount appropriated to determine the final state allocations.


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Last Modified: 05/15/2009