SEC. 9102.
GRANTS FOR STATE AND LOCAL ACTIVITIES
Section Summary
ESSA
SEC. 9102. GRANTS FOR STATE AND LOCAL ACTIVITIES.
Section 722 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Grants From Allotments.--The Secretary shall make the grants
to States from the allotments made under subsection (c)(1).'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``To provide'' and all that
follows through ``that enable'' and inserting ``To
provide services and activities to improve the
identification of homeless children and youths
(including preschool-aged homeless children) and
enable''; and
(ii) by striking ``or, if'' and inserting
``including, if'';
(B) in paragraph (3), by striking ``designate'' and
all that follows and inserting ``designate in the State
educational agency an Office of the Coordinator for
Education of Homeless Children and Youths that can
sufficiently carry out the duties described for the
Office in this subtitle in accordance with subsection
(f).''; and
(C) by striking paragraph (5) and inserting the
following:
[[Page 129 STAT. 2125]]
``(5) To develop and implement professional development
programs for liaisons designated under subsection (g)(1)(J)(ii)
and other local educational agency personnel--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten the awareness of the liaisons and
personnel of, and their capacity to respond to, specific
needs in the education of homeless children and
youths.'';
(3) in subsection (e)--
(A) in paragraph (1), by inserting ``a State through
grants under subsection (a) to'' after ``each year to'';
(B) in paragraph (2), by striking ``funds made
available for State use under this subtitle'' and
inserting ``the grant funds remaining after the State
educational agency distributes subgrants under paragraph
(1)''; and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by striking
``sections 1111 and 1116'' and inserting ``section
1111'';
(ii) in subparagraph (E)(ii)(II), by striking
``subsection (g)(6)(A)(v)'' and inserting
``subsection (g)(6)(A)(vi)''; and
(iii) in subparagraph (F)--
(I) in clause (i)--
(aa) by striking ``and'' at
the end of subclause (II);
(bb) by striking the period
at the end of subclause (III)
and inserting ``; and''; and
(cc) by adding at the end
the following:
``(IV) the progress the separate
schools are making in helping all
students meet the challenging State
academic standards.''; and
(II) in clause (iii), by striking
``Not later than 2 years after the date
of enactment of the McKinney-Vento
Homeless Education Assistance
Improvements Act of 2001, the'' and
inserting ``The'';
(4) by striking subsection (f) and inserting the following:
``(f) Functions of the Office of the Coordinator.--The Coordinator
for Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publicly available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, which shall be posted annually
on the State educational agency's website;
``(B) the nature and extent of the problems homeless
children and youths have in gaining access to public
preschool programs and to public elementary schools and
secondary schools;
``(C) the difficulties in identifying the special
needs and barriers to the participation and achievement
of such children and youths;
``(D) any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties; and
``(E) the success of the programs under this
subtitle in identifying homeless children and youths and
allowing
[[Page 129 STAT. 2126]]
such children and youths to enroll in, attend, and
succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at
such time and in such manner as the Secretary may reasonably
require, a report containing information necessary to assess the
educational needs of homeless children and youths within the
State, including data necessary for the Secretary to fulfill the
responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related services to homeless children and youths
and their families, coordinate activities and collaborate with--
``(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
``(B) providers of services to homeless children and
youths and their families, including public and private
child welfare and social services agencies, law
enforcement agencies, juvenile and family courts,
agencies providing mental health services, domestic
violence agencies, child care providers, runaway and
homeless youth centers, and providers of services and
programs funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children and
youths; and
``(E) community organizations and groups
representing homeless children and youths and their
families;
``(5) provide technical assistance to and conduct monitoring
of local educational agencies in coordination with local
educational agency liaisons designated under subsection
(g)(1)(J)(ii), to ensure that local educational agencies comply
with the requirements of subsection (e)(3) and paragraphs (3)
through (7) of subsection (g);
``(6) provide professional development opportunities for
local educational agency personnel and the local educational
agency liaison designated under subsection (g)(1)(J)(ii) to
assist such personnel and liaison in identifying and meeting the
needs of homeless children and youths, and provide training on
the definitions of terms related to homelessness specified in
sections 103, 401, and 725 to the liaison; and
``(7) respond to inquiries from parents and guardians of
homeless children and youths, and (in the case of unaccompanied
youths) such youths, to ensure that each child or youth who is
the subject of such an inquiry receives the full protections and
services provided by this subtitle.'';
(5) by striking subsection (g) and inserting the following:
``(g) State Plan.--
``(1) In general.--For any State desiring to receive a grant
under this subtitle, the State educational agency shall submit
to the Secretary a plan to provide for the education of homeless
[[Page 129 STAT. 2127]]
children and youths within the State. Such plan shall include
the following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
challenging State academic standards as all students are
expected to meet.
``(B) A description of the procedures the State
educational agency will use to identify such children
and youths in the State and to assess their needs.
``(C) A description of procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youths.
``(D) A description of programs for school personnel
(including liaisons designated under subparagraph
(J)(ii), principals and other school leaders, attendance
officers, teachers, enrollment personnel, and
specialized instructional support personnel) to heighten
the awareness of such school personnel of the specific
needs of homeless children and youths, including such
children and youths who are runaway and homeless youths.
``(E) A description of procedures that ensure that
homeless children and youths who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local nutrition programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have access to public
preschool programs, administered by the State
educational agency or local educational agency, as
provided to other children in the State;
``(ii) youths described in section 725(2) and
youths separated from public schools are
identified and accorded equal access to
appropriate secondary education and support
services, including by identifying and removing
barriers that prevent youths described in this
clause from receiving appropriate credit for full
or partial coursework satisfactorily completed
while attending a prior school, in accordance with
State, local, and school policies; and
``(iii) homeless children and youths who meet
the relevant eligibility criteria do not face
barriers to accessing academic and extracurricular
activities, including magnet school, summer
school, career and technical education, advanced
placement, online learning, and charter school
programs, if such programs are available at the
State and local levels.
``(G) Strategies to address problems identified in
the report provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including problems resulting from enrollment
delays that are caused by--
``(i) requirements of immunization and other
required health records;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
[[Page 129 STAT. 2128]]
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency and local educational agencies in the State have
developed, and shall review and revise, policies to
remove barriers to the identification of homeless
children and youths, and the enrollment and retention of
homeless children and youths in schools in the State,
including barriers to enrollment and retention due to
outstanding fees or fines, or absences.
``(J) Assurances that the following will be carried
out:
``(i) The State educational agency and local
educational agencies in the State will adopt
policies and practices to ensure that homeless
children and youths are not stigmatized or
segregated on the basis of their status as
homeless.
``(ii) The local educational agencies will
designate an appropriate staff person, able to
carry out the duties described in paragraph
(6)(A), who may also be a coordinator for other
Federal programs, as a local educational agency
liaison for homeless children and youths.
``(iii) The State and the local educational
agencies in the State will adopt policies and
practices to ensure that transportation is
provided, at the request of the parent or guardian
(or in the case of an unaccompanied youth, the
liaison), to and from the school of origin (as
determined under paragraph (3)), in accordance
with the following, as applicable:
``(I) If the child or youth
continues to live in the area served by
the local educational agency in which
the school of origin is located, the
child's or youth's transportation to and
from the school of origin shall be
provided or arranged by the local
educational agency in which the school
of origin is located.
``(II) If the child's or youth's
living arrangements in the area served
by the local educational agency of
origin terminate and the child or youth,
though continuing the child's or youth's
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the child or youth is living shall agree
upon a method to apportion the
responsibility and costs for providing
the child or youth with transportation
to and from the school of origin. If the
local educational agencies are unable to
agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(iv) The State and the local educational
agencies in the State will adopt policies and
practices to ensure participation by liaisons
described in clause (ii) in professional
development and other technical assistance
activities provided pursuant to paragraphs (5) and
(6) of subsection (f), as determined appropriate
by the Office of the Coordinator.
[[Page 129 STAT. 2129]]
``(K) A description of how youths described in
section 725(2) will receive assistance from counselors
to advise such youths, and prepare and improve the
readiness of such youths for college.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will ensure
that local educational agencies in the State will comply
with the requirements of paragraphs (3) through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's best
interest--
``(i) continue the child's or youth's
education in the school of origin for the duration
of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during an academic year; and
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any public
school that nonhomeless students who live in the
attendance area in which the child or youth is
actually living are eligible to attend.
``(B) School stability.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) presume that keeping the child or youth
in the school of origin is in the child's or
youth's best interest, except when doing so is
contrary to the request of the child's or youth's
parent or guardian, or (in the case of an
unaccompanied youth) the youth;
``(ii) consider student-centered factors
related to the child's or youth's best interest,
including factors related to the impact of
mobility on achievement, education, health, and
safety of homeless children and youth, giving
priority to the request of the child's or youth's
parent or guardian or (in the case of an
unaccompanied youth) the youth;
``(iii) if, after conducting the best interest
determination based on consideration of the
presumption in clause (i) and the student-centered
factors in clause (ii), the local educational
agency determines that it is not in the child's or
youth's best interest to attend the school of
origin or the school requested by the parent or
guardian, or (in the case of an unaccompanied
youth) the youth, provide the child's or youth's
parent or guardian or the unaccompanied youth with
a written explanation of the reasons for its
determination, in a manner and form understandable
to such parent, guardian, or unaccompanied youth,
including
[[Page 129 STAT. 2130]]
information regarding the right to appeal under
subparagraph (E); and
``(iv) in the case of an unaccompanied youth,
ensure that the local educational agency liaison
designated under paragraph (1)(J)(ii) assists in
placement or enrollment decisions under this
subparagraph, gives priority to the views of such
unaccompanied youth, and provides notice to such
youth of the right to appeal under subparagraph
(E).
``(C) Immediate enrollment.--
``(i) In general.--The school selected in
accordance with this paragraph shall immediately
enroll the homeless child or youth, even if the
child or youth--
``(I) is unable to produce records
normally required for enrollment, such
as previous academic records, records of
immunization and other required health
records, proof of residency, or other
documentation; or
``(II) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the child
or youth needs to obtain immunizations or other
required health records, the enrolling school
shall immediately refer the parent or guardian of
the child or youth, or (in the case of an
unaccompanied youth) the youth, to the local
educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations or screenings,
or immunization or other required health records,
in accordance with subparagraph (D).
``(D) Records.--Any record ordinarily kept by the
school, including immunization or other required health
records, academic records, birth certificates,
guardianship records, and evaluations for special
services or programs, regarding each homeless child or
youth shall be maintained--
``(i) so that the records involved are
available, in a timely fashion, when a child or
youth enters a new school or school district; and
``(ii) in a manner consistent with section 444
of the General Education Provisions Act (20 U.S.C.
1232g).
``(E) Enrollment disputes.--If a dispute arises over
eligibility, or school selection or enrollment in a
school--
``(i) the child or youth shall be immediately
enrolled in the school in which enrollment is
sought, pending final resolution of the dispute,
including all available appeals;
``(ii) the parent or guardian of the child or
youth or (in the case of an unaccompanied youth)
the youth shall be provided with a written
explanation of any decisions related to school
selection or enrollment made by the school, the
local educational agency, or the
[[Page 129 STAT. 2131]]
State educational agency involved, including the
rights of the parent, guardian, or unaccompanied
youth to appeal such decisions;
``(iii) the parent, guardian, or unaccompanied
youth shall be referred to the local educational
agency liaison designated under paragraph
(1)(J)(ii), who shall carry out the dispute
resolution process as described in paragraph
(1)(C) as expeditiously as possible after
receiving notice of the dispute; and
``(iv) in the case of an unaccompanied youth,
the liaison shall ensure that the youth is
immediately enrolled in the school in which the
youth seeks enrollment pending resolution of such
dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) Privacy.--Information about a homeless child's
or youth's living situation shall be treated as a
student education record, and shall not be deemed to be
directory information, under section 444 of the General
Education Provisions Act (20 U.S.C. 1232g).
``(H) Contact information.--Nothing in this subtitle
shall prohibit a local educational agency from requiring
a parent or guardian of a homeless child or youth to
submit contact information.
``(I) School of origin defined.--In this paragraph:
``(i) In general.--The term `school of origin'
means the school that a child or youth attended
when permanently housed or the school in which the
child or youth was last enrolled, including a
preschool.
``(ii) Receiving school.--When the child or
youth completes the final grade level served by
the school of origin, as described in clause (i),
the term ``school of origin'' shall include the
designated receiving school at the next grade
level for all feeder schools.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs
for children with disabilities, and educational programs
for English learners.
``(C) Programs in career and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youths that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies and
other agencies or entities providing services to
homeless children and
[[Page 129 STAT. 2132]]
youths and their families, including services and
programs funded under the Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.); and
``(ii) transportation, transfer of school
records, and other interdistrict activities, with
other local educational agencies.
``(B) Housing assistance.--If applicable, each State
educational agency and local educational agency that
receives assistance under this subtitle shall coordinate
with State and local housing agencies responsible for
developing the comprehensive housing affordability
strategy described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12705) to minimize educational disruption for children
and youths who become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that all homeless children and
youths are promptly identified;
``(ii) ensure that all homeless children and
youths have access to, and are in reasonable
proximity to, available education and related
support services; and
``(iii) raise the awareness of school
personnel and service providers of the effects of
short-term stays in a shelter and other challenges
associated with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youths who are to be
assisted both under this subtitle, and under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), each local educational agency
shall coordinate the provision of services under this
subtitle with the provision of programs for children
with disabilities served by that local educational
agency and other involved local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency liaison
for homeless children and youths, designated under
paragraph (1)(J)(ii), shall ensure that--
``(i) homeless children and youths are
identified by school personnel through outreach
and coordination activities with other entities
and agencies;
``(ii) homeless children and youths are
enrolled in, and have a full and equal opportunity
to succeed in, schools of that local educational
agency;
``(iii) homeless families and homeless
children and youths have access to and receive
educational services for which such families,
children, and youths are eligible, including
services through Head Start programs (including
Early Head Start programs) under the Head Start
Act (42 U.S.C. 9831 et seq.), early intervention
services under part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1431 et
seq.), and other preschool programs administered
by the local educational agency;
[[Page 129 STAT. 2133]]
``(iv) homeless families and homeless children
and youths receive referrals to health care
services, dental services, mental health and
substance abuse services, housing services, and
other appropriate services;
``(v) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available to
their children and are provided with meaningful
opportunities to participate in the education of
their children;
``(vi) public notice of the educational rights
of homeless children and youths is disseminated in
locations frequented by parents or guardians of
such children and youths, and unaccompanied
youths, including schools, shelters, public
libraries, and soup kitchens, in a manner and form
understandable to the parents and guardians of
homeless children and youths, and unaccompanied
youths;
``(vii) enrollment disputes are mediated in
accordance with paragraph (3)(E);
``(viii) the parent or guardian of a homeless
child or youth, and any unaccompanied youth, is
fully informed of all transportation services,
including transportation to the school of origin,
as described in paragraph (1)(J)(iii), and is
assisted in accessing transportation to the school
that is selected under paragraph (3)(A);
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet
the same challenging State academic
standards as the State establishes for
other children and youth, including
through implementation of the procedures
under paragraph (1)(F)(ii); and
``(III) are informed of their status
as independent students under section
480 of the Higher Education Act of 1965
(20 U.S.C. 1087vv) and that the youths
may obtain assistance from the local
educational agency liaison to receive
verification of such status for purposes
of the Free Application for Federal
Student Aid described in section 483 of
such Act (20 U.S.C. 1090).
``(B) Notice.--State Coordinators established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, advocates
working with homeless families, parents and guardians of
homeless children and youths, and homeless children and
youths of the duties of the local educational agency
liaisons, and publish an annually updated list of the
liaisons on the State educational agency's website.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youths shall, as a part of their duties, coordinate and
collaborate with State Coordinators and community and
school personnel responsible for the provision of
education and
[[Page 129 STAT. 2134]]
related services to homeless children and youths. Such
coordination shall include collecting and providing to
the State Coordinator the reliable, valid, and
comprehensive data needed to meet the requirements of
paragraphs (1) and (3) of subsection (f).
``(D) Homeless status.--A local educational agency
liaison designated under paragraph (1)(J)(ii) who
receives training described in subsection (f)(6) may
affirm, without further agency action by the Department
of Housing and Urban Development, that a child or youth
who is eligible for and participating in a program
provided by the local educational agency, or the
immediate family of such a child or youth, who meets the
eligibility requirements of this Act for a program or
service authorized under title IV, is eligible for such
program or service.
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and
local educational agency that receives assistance under
this subtitle shall review and revise any policies that
may act as barriers to the identification of homeless
children and youths or the enrollment of homeless
children and youths in schools that are selected under
paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
``(C) Special attention.--Special attention shall be
given to ensuring the identification, enrollment, and
attendance of homeless children and youths who are not
currently attending school.''; and
(6) by striking subsection (h).
NCLB Text
``SEC. 722. <<NOTE: 42 USC 11432.>> GRANTS FOR STATE AND LOCAL
ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND
YOUTHS.
``(a) General Authority.--The Secretary is authorized to make grants
to States in accordance with the provisions of this section to enable
such States to carry out the activities described in subsections (d)
through (g).
``(b) Application.--No State may receive a grant under this section
unless the State educational agency submits an application to the
Secretary at such time, in such manner, and containing or accompanied by
such information as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) Allocation.--(A) Subject to subparagraph (B), the
Secretary is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for such year
under section 726 that remains after the Secretary reserves
funds under paragraph (2) and uses funds to carry out section
724(d) and (h), as the amount allocated under section 1122 of
the Elementary and Secondary Education Act of 1965 to the State
for that year bears to the total amount allocated under section
1122 of such Act to all States for that year, except that no
State shall receive less than the greater of--
``(i) $150,000;
``(ii) one-fourth of 1 percent of the amount
appropriated under section 726 for that year; or
``(iii) the amount such State received under this
section for fiscal year 2001.
``(B) If there are insufficient funds in a fiscal year to
allot to each State the minimum amount under subparagraph (A),
the Secretary shall ratably reduce the allotments to all States
based on the proportionate share that each State received under
this subsection for the preceding fiscal year.
``(2) Reservations.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each fiscal
year under section 726 to be allocated by the Secretary among
the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, according to their
respective need for assistance under this subtitle, as
determined by the Secretary.
``(B)(i) The Secretary shall transfer 1 percent of the
amount appropriated for each fiscal year under section 726 to
the Department of the Interior for programs for Indian students
served by schools funded by the Secretary of the Interior,
[[Page 115 STAT. 1991]]
as determined under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), that are consistent with
the purposes of the programs described in this subtitle.
``(ii) The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of
this subtitle, for the distribution and use of the funds
described in clause (i) under terms that the Secretary
determines best meet the purposes of the programs described in
this subtitle. Such agreement shall set forth the plans of the
Secretary of the Interior for the use of the amounts
transferred, including appropriate goals, objectives, and
milestones.
``(3) State defined.--For purposes of this subsection, the
term `State' does not include the United States Virgin Islands,
Guam, American Samoa, or the Commonwealth of the Northern
Mariana Islands.
``(d) Activities.--Grants under this section shall be used for the
following:
``(1) To carry out the policies set forth in section 721 in
the State.
``(2) To provide activities for, and services to, homeless
children, including preschool-aged homeless children, and youths
that enable such children and youths to enroll in, attend, and
succeed in school, or, if appropriate, in preschool programs.
``(3) To establish or designate an Office of Coordinator for
Education of Homeless Children and Youths in the State
educational agency in accordance with subsection (f).
``(4) To prepare and carry out the State plan described in
subsection (g).
``(5) To develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the education
of homeless children and youths.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the sums made
available each year to carry out this subtitle, the State
educational agency shall distribute not less than 75 percent in
subgrants to local educational agencies for the purposes of
carrying out section 723, except that States funded at the
minimum level set forth in subsection (c)(1) shall distribute
not less than 50 percent in subgrants to local educational
agencies for the purposes of carrying out section 723.
``(2) Use by state educational agency.--A State educational
agency may use funds made available for State use under this
subtitle to conduct activities under subsection (f) directly or
through grants or contracts.
``(3) Prohibition on segregating homeless students.--
``(A) In general.--Except as provided in
subparagraph (B) and section 723(a)(2)(B)(ii), in
providing a free public education to a homeless child or
youth, no State receiving funds under this subtitle
shall segregate such child or youth in a separate
school, or in a separate program within a school, based
on such child's or youth's status as homeless.
``(B) Exception.--Notwithstanding subparagraph (A),
paragraphs (1)(J)(i) and (3) of subsection (g), section
723(a)(2), and any other provision of this subtitle
relating to the placement of homeless children or youths
in schools,
[[Page 115 STAT. 1992]]
a State that has a separate school for homeless children
or youths that was operated in fiscal year 2000 in a
covered county shall be eligible to receive funds under
this subtitle for programs carried out in such school
if--
``(i) the school meets the requirements of
subparagraph (C);
``(ii) any local educational agency serving a
school that the homeless children and youths
enrolled in the separate school are eligible to
attend meets the requirements of subparagraph (E);
and
``(iii) the State is otherwise eligible to
receive funds under this subtitle.
``(C) School requirements.--For the State to be
eligible under subparagraph (B) to receive funds under
this subtitle, the school described in such subparagraph
shall--
``(i) provide written notice, at the time any
child or youth seeks enrollment in such school,
and at least twice annually while the child or
youth is enrolled in such school, to the parent or
guardian of the child or youth (or, in the case of
an unaccompanied youth, the youth) that--
``(I) shall be signed by the parent
or guardian (or, in the case of an
unaccompanied youth, the youth);
``(II) sets forth the general rights
provided under this subtitle;
``(III) specifically states--
``(aa) the choice of schools
homeless children and youths are
eligible to attend, as provided
in subsection (g)(3)(A);
``(bb) that no homeless
child or youth is required to
attend a separate school for
homeless children or youths;
``(cc) that homeless
children and youths shall be
provided comparable services
described in subsection (g)(4),
including transportation
services, educational services,
and meals through school meals
programs; and
``(dd) that homeless
children and youths should not
be stigmatized by school
personnel; and
``(IV) provides contact information
for the local liaison for homeless
children and youths and the State
Coordinator for Education of Homeless
Children and Youths;
``(ii)(I) provide assistance to the parent or
guardian of each homeless child or youth (or, in
the case of an unaccompanied youth, the youth) to
exercise the right to attend the parent's or
guardian's (or youth's) choice of schools, as
provided in subsection (g)(3)(A); and
``(II) coordinate with the local educational
agency with jurisdiction for the school selected
by the parent or guardian (or youth), to provide
transportation and other necessary services;
[[Page 115 STAT. 1993]]
``(iii) ensure that the parent or guardian
(or, in the case of an unaccompanied youth, the
youth) shall receive the information required by
this subparagraph in a manner and form
understandable to such parent or guardian (or
youth), including, if necessary and to the extent
feasible, in the native language of such parent or
guardian (or youth); and
``(iv) demonstrate in the school's application
for funds under this subtitle that such school--
``(I) is complying with clauses (i)
and (ii); and
``(II) is meeting (as of the date of
submission of the application) the same
Federal and State standards,
regulations, and mandates as other
public schools in the State (such as
complying with sections 1111 and 1116 of
the Elementary and Secondary Education
Act of 1965 and providing a full range
of education and related services,
including services applicable to
students with disabilities).
``(D) School ineligibility.--A separate school
described in subparagraph (B) that fails to meet the
standards, regulations, and mandates described in
subparagraph (C)(iv)(II) shall not be eligible to
receive funds under this subtitle for programs carried
out in such school after the first date of such failure.
``(E) Local educational agency requirements.--For
the State to be eligible to receive the funds described
in subparagraph (B), the local educational agency
described in subparagraph (B)(ii) shall--
``(i) implement a coordinated system for
ensuring that homeless children and youths--
``(I) are advised of the choice of
schools provided in subsection
(g)(3)(A);
``(II) are immediately enrolled, in
accordance with subsection (g)(3)(C), in
the school selected under subsection
(g)(3)(A); and
``(III) are promptly provided
necessary services described in
subsection (g)(4), including
transportation, to allow homeless
children and youths to exercise their
choices of schools under subsection
(g)(3)(A);
``(ii) document that written notice has been
provided--
``(I) in accordance with
subparagraph (C)(i) for each child or
youth enrolled in a separate school
under subparagraph (B); and
``(II) in accordance with subsection
(g)(6)(A)(v);
``(iii) prohibit schools within the agency's
jurisdiction from referring homeless children or
youths to, or requiring homeless children and
youths to enroll in or attend, a separate school
described in subparagraph (B);
``(iv) identify and remove any barriers that
exist in schools within the agency's jurisdiction
that may have contributed to the creation or
existence of separate schools described in
subparagraph (B); and
[[Page 115 STAT. 1994]]
``(v) not use funds received under this
subtitle to establish--
``(I) new or additional separate
schools for homeless children or youths;
or
``(II) new or additional sites for
separate schools for homeless children
or youths, other than the sites occupied
by the schools described in subparagraph
(B) in fiscal year 2000.
``(F) Report.--
``(i) Preparation.--The Secretary shall
prepare a report on the separate schools and local
educational agencies described in subparagraph (B)
that receive funds under this subtitle in
accordance with this paragraph. The report shall
contain, at a minimum, information on--
``(I) compliance with all
requirements of this paragraph;
``(II) barriers to school access in
the school districts served by the local
educational agencies; and
``(III) the progress the separate
schools are making in integrating
homeless children and youths into the
mainstream school environment, including
the average length of student enrollment
in such schools.
``(ii) Compliance with information requests.--
For purposes of enabling the Secretary to prepare
the report, the separate schools and local
educational agencies shall cooperate with the
Secretary and the State Coordinator for Education
of Homeless Children and Youths established in the
State under subsection (d)(3), and shall comply
with any requests for information by the Secretary
and State Coordinator for such State.
``(iii) <<NOTE: Deadline.>> Submission.--Not
later than 2 years after the date of enactment of
the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, the Secretary shall
submit the report described in clause (i) to--
``(I) the President;
``(II) the Committee on Education
and the Workforce of the House of
Representatives; and
``(III) the Committee on Health,
Education, Labor, and Pensions of the
Senate.
``(G) Definition.--For purposes of this paragraph,
the term `covered county' means--
``(i) San Joaquin County, California;
``(ii) Orange County, California;
``(iii) San Diego County, California; and
``(iv) Maricopa County, Arizona.
``(f) Functions of the Office of Coordinator.--The Coordinator for
Education of Homeless Children and Youths established in each State
shall--
``(1) gather reliable, valid, and comprehensive information
on the nature and extent of the problems homeless children and
youths have in gaining access to public preschool programs and
to public elementary schools and secondary schools, the
difficulties in identifying the special needs of such children
[[Page 115 STAT. 1995]]
and youths, any progress made by the State educational agency
and local educational agencies in the State in addressing such
problems and difficulties, and the success of the programs under
this subtitle in allowing homeless children and youths to enroll
in, attend, and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect and transmit to the Secretary, at such time
and in such manner as the Secretary may require, a report
containing such information as the Secretary determines is
necessary to assess the educational needs of homeless children
and youths within the State;
``(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
(including agencies providing mental health services) to provide
services to homeless children, including preschool-aged homeless
children, and youths, and to families of such children and
youths;
``(5) in order to improve the provision of comprehensive
education and related services to homeless children and youths
and their families, coordinate and collaborate with--
``(A) educators, including child development and
preschool program personnel;
``(B) providers of services to homeless and runaway
children and youths and homeless families (including
domestic violence agencies, shelter operators,
transitional housing facilities, runaway and homeless
youth centers, and transitional living programs for
homeless youths);
``(C) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children and
youths; and
``(D) community organizations and groups
representing homeless children and youths and their
families; and
``(6) provide technical assistance to local educational
agencies in coordination with local educational agency liaisons
designated under subsection (g)(1)(J)(ii), to ensure that local
educational agencies comply with the requirements of section
722(e)(3) and paragraphs (3) through (7) of subsection (g).
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
a plan to provide for the education of homeless children and
youths within the State. Such plan shall include the following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
challenging State academic achievement standards all
students are expected to meet.
``(B) A description of the procedures the State
educational agency will use to identify such children
and youths in the State and to assess their special
needs.
``(C) A description of procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youths.
``(D) A description of programs for school personnel
(including principals, attendance officers, teachers,
enrollment personnel, and pupil services personnel) to
heighten the awareness of such personnel of the specific
needs of runaway and homeless youths.
[[Page 115 STAT. 1996]]
``(E) A description of procedures that ensure that
homeless children and youths who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local food programs.
``(F) A description of procedures that ensure that--
``(i) homeless children have equal access to
the same public preschool programs, administered
by the State agency, as provided to other children
in the State;
``(ii) homeless youths and youths separated
from the public schools are identified and
accorded equal access to appropriate secondary
education and support services; and
``(iii) homeless children and youths who meet
the relevant eligibility criteria are able to
participate in Federal, State, or local before-
and after-school care programs.
``(G) Strategies to address problems identified in
the report provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including problems resulting from enrollment
delays that are caused by--
``(i) immunization and medical records
requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency and local educational agencies in the State have
developed, and shall review and revise, policies to
remove barriers to the enrollment and retention of
homeless children and youths in schools in the State.
``(J) Assurances that--
``(i) the State educational agency and local
educational agencies in the State will adopt
policies and practices to ensure that homeless
children and youths are not stigmatized or
segregated on the basis of their status as
homeless;
``(ii) local educational agencies will
designate an appropriate staff person, who may
also be a coordinator for other Federal programs,
as a local educational agency liaison for homeless
children and youths, to carry out the duties
described in paragraph (6)(A); and
``(iii) the State and its local educational
agencies will adopt policies and practices to
ensure that transportation is provided, at the
request of the parent or guardian (or in the case
of an unaccompanied youth, the liaison), to and
from the school of origin, as determined in
paragraph (3)(A), in accordance with the
following, as applicable:
``(I) If the homeless child or youth
continues to live in the area served by
the local educational agency in which
the school of origin is located,
[[Page 115 STAT. 1997]]
the child's or youth's transportation to
and from the school of origin shall be
provided or arranged by the local
educational agency in which the school
of origin is located.
``(II) If the homeless child's or
youth's living arrangements in the area
served by the local educational agency
of origin terminate and the child or
youth, though continuing his or her
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the homeless child or youth is living
shall agree upon a method to apportion
the responsibility and costs for
providing the child with transportation
to and from the school of origin. If the
local educational agencies are unable to
agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will ensure
that local educational agencies in the State will comply
with the requirements of paragraphs (3) through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's best
interest--
``(i) continue the child's or youth's
education in the school of origin for the duration
of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during an academic year; or
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any public
school that nonhomeless students who live in the
attendance area in which the child or youth is
actually living are eligible to attend.
``(B) Best interest.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) to the extent feasible, keep a homeless
child or youth in the school of origin, except
when doing so is contrary to the wishes of the
child's or youth's parent or guardian;
``(ii) provide a written explanation,
including a statement regarding the right to
appeal under subparagraph (E), to the homeless
child's or youth's parent or guardian, if the
local educational agency sends such child or youth
to a school other than the school of
[[Page 115 STAT. 1998]]
origin or a school requested by the parent or
guardian; and
``(iii) in the case of an unaccompanied youth,
ensure that the homeless liaison designated under
paragraph (1)(J)(ii) assists in placement or
enrollment decisions under this subparagraph,
considers the views of such unaccompanied youth,
and provides notice to such youth of the right to
appeal under subparagraph (E).
``(C) Enrollment.--(i) The school selected in
accordance with this paragraph shall immediately enroll
the homeless child or youth, even if the child or youth
is unable to produce records normally required for
enrollment, such as previous academic records, medical
records, proof of residency, or other documentation.
``(ii) The enrolling school shall immediately
contact the school last attended by the child or youth
to obtain relevant academic and other records.
``(iii) If the child or youth needs to obtain
immunizations, or immunization or medical records, the
enrolling school shall immediately refer the parent or
guardian of the child or youth to the local educational
agency liaison designated under paragraph (1)(J)(ii),
who shall assist in obtaining necessary immunizations,
or immunization or medical records, in accordance with
subparagraph (D).
``(D) Records.--Any record ordinarily kept by the
school, including immunization or medical records,
academic records, birth certificates, guardianship
records, and evaluations for special services or
programs, regarding each homeless child or youth shall
be maintained--
``(i) so that the records are available, in a
timely fashion, when a child or youth enters a new
school or school district; and
``(ii) in a manner consistent with section 444
of the General Education Provisions Act (20 U.S.C.
1232g).
``(E) Enrollment disputes.--If a dispute arises over
school selection or enrollment in a school--
``(i) the child or youth shall be immediately
admitted to the school in which enrollment is
sought, pending resolution of the dispute;
``(ii) the parent or guardian of the child or
youth shall be provided with a written explanation
of the school's decision regarding school
selection or enrollment, including the rights of
the parent, guardian, or youth to appeal the
decision;
``(iii) the child, youth, parent, or guardian
shall be referred to the local educational agency
liaison designated under paragraph (1)(J)(ii), who
shall carry out the dispute resolution process as
described in paragraph (1)(C) as expeditiously as
possible after receiving notice of the dispute;
and
``(iv) in the case of an unaccompanied youth,
the homeless liaison shall ensure that the youth
is immediately enrolled in school pending
resolution of the dispute.
[[Page 115 STAT. 1999]]
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) School of origin defined.--In this paragraph,
the term `school of origin' means the school that the
child or youth attended when permanently housed or the
school in which the child or youth was last enrolled.
``(H) Contact information.--Nothing in this subtitle
shall prohibit a local educational agency from requiring
a parent or guardian of a homeless child to submit
contact information.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 or similar State or local
programs, educational programs for children with
disabilities, and educational programs for students with
limited English proficiency.
``(C) Programs in vocational and technical
education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youths that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies and
other agencies or programs providing services to
homeless children and youths and their families,
including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.); and
``(ii) with other local educational agencies
on interdistrict issues, such as transportation or
transfer of school records.
``(B) Housing assistance.--If applicable, each State
educational agency and local educational agency that
receives assistance under this subtitle shall coordinate
with State and local housing agencies responsible for
developing the comprehensive housing affordability
strategy described in section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12705) to minimize educational disruption for children
and youths who become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that homeless children and youths
have access and reasonable proximity to available
education and related support services; and
``(ii) raise the awareness of school personnel
and service providers of the effects of short-term
stays in a shelter and other challenges associated
with homelessness.
[[Page 115 STAT. 2000]]
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency liaison
for homeless children and youths, designated under
paragraph (1)(J)(ii), shall ensure that--
``(i) homeless children and youths are
identified by school personnel and through
coordination activities with other entities and
agencies;
``(ii) homeless children and youths enroll in,
and have a full and equal opportunity to succeed
in, schools of that local educational agency;
``(iii) homeless families, children, and
youths receive educational services for which such
families, children, and youths are eligible,
including Head Start and Even Start programs and
preschool programs administered by the local
educational agency, and referrals to health care
services, dental services, mental health services,
and other appropriate services;
``(iv) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available to
their children and are provided with meaningful
opportunities to participate in the education of
their children;
``(v) public notice of the educational rights
of homeless children and youths is disseminated
where such children and youths receive services
under this Act, such as schools, family shelters,
and soup kitchens;
``(vi) enrollment disputes are mediated in
accordance with paragraph (3)(E); and
``(vii) the parent or guardian of a homeless
child or youth, and any unaccompanied youth, is
fully informed of all transportation services,
including transportation to the school of origin,
as described in paragraph (1)(J)(iii), and is
assisted in accessing transportation to the school
that is selected under paragraph (3)(A).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, and
advocates working with homeless families of the duties
of the local educational agency liaisons.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youths shall, as a part of their duties, coordinate and
collaborate with State coordinators and community and
school personnel responsible for the provision of
education and related services to homeless children and
youths.
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and
local educational agency that receives assistance under
this subtitle shall review and revise any policies that
may act as barriers to the enrollment of homeless
children and youths in schools that are selected under
paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
[[Page 115 STAT. 2001]]
``(C) Special attention.--Special attention shall be
given to ensuring the enrollment and attendance of
homeless children and youths who are not currently
attending school.
