SEC. 9103.
LOCAL EDUCATIONAL AGENCY SUBGRANTS.
Section Summary
ESSA Update
SEC. 9103. LOCAL EDUCATIONAL AGENCY SUBGRANTS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating the
enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(B), in the matter preceding
clause (i), by inserting ``the related'' before
``schools''; and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants made under this section
shall be for terms of not to exceed 3 years.'';
(2) in subsection (b), by adding at the end the following:
``(6) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(7) An assurance that the local educational agency will
meet the requirements of section 722(g)(3).'';
(3) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``preschool, elementary, and secondary
schools'' and inserting ``early childhood
education and other preschool programs, elementary
schools, and secondary schools,'';
[[Page 129 STAT. 2135]]
(ii) in subparagraph (A), by inserting
``identification,'' before ``enrollment,'';
(iii) in subparagraph (B), by striking
``application--'' and all that follows and
inserting ``application reflects coordination with
other local and State agencies that serve homeless
children and youths.''; and
(iv) in subparagraph (C), by inserting ``(as
of the date of submission of the application)''
after ``practice'';
(B) in paragraph (3)--
(i) in subparagraph (C), by inserting ``extent
to which the applicant will promote meaningful''
after ``The'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) by redesignating subparagraph (G) as
subparagraph (I);
(iv) by inserting after subparagraph (F) the
following:
``(G) The extent to which the local educational
agency will use the subgrant to leverage resources,
including by maximizing nonsubgrant funding for the
position of the liaison described in section
722(g)(1)(J)(ii) and the provision of transportation.
``(H) How the local educational agency will use
funds to serve homeless children and youths under
section 1113(c)(3) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
(v) in subparagraph (I), as redesignated by
clause (iii), by striking ``Such'' and inserting
``The extent to which the applicant's program
meets such''; and
(C) by striking paragraph (4); and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the same
challenging State academic content standards and
challenging State student academic achievement
standards'' and inserting ``the same challenging State
academic standards as'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency'' and inserting ``English
learners''; and
(ii) by striking ``vocational'' and inserting
``career'';
(C) in paragraph (3), by striking ``pupil services''
and inserting ``specialized instructional support'';
(D) in paragraph (7), by striking ``and
unaccompanied youths,'' and inserting ``particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9) by striking ``medical'' and
inserting ``other required health'';
(F) in paragraph (10)--
(i) by striking ``parents'' and inserting
``parents and guardians''; and
(ii) by inserting before the period at the end
``, and other activities designed to increase the
meaningful involvement of parents and guardians of
homeless children or youths in the education of
such children or youths'';
(G) in paragraph (12), by striking ``pupil
services'' and inserting ``specialized instructional
support services'';
[[Page 129 STAT. 2136]]
(H) in paragraph (13), by inserting before the
period at the end ``and parental mental health or
substance abuse problems''; and
(I) in paragraph (16), by inserting before the
period at the end ``and participate fully in school
activities''.
NCLB Text
``SEC. 723. <<NOTE: 42 USC 11433.>> LOCAL EDUCATIONAL AGENCY SUBGRANTS
FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e), and from amounts made available
to such agency under section 726, make subgrants to local
educational agencies for the purpose of facilitating the
enrollment, attendance, and success in school of homeless
children and youths.
``(2) Services.--
``(A) In general.--Services under paragraph (1)--
``(i) may be provided through programs on
school grounds or at other facilities;
``(ii) shall, to the maximum extent
practicable, be provided through existing programs
and mechanisms that integrate homeless children
and youths with nonhomeless children and youths;
and
``(iii) shall be designed to expand or improve
services provided as part of a school's regular
academic program, but not to replace such services
provided under such program.
``(B) Services on school grounds.--If services under
paragraph (1) are provided on school grounds, schools--
``(i) may use funds under this subtitle to
provide the same services to other children and
youths who are determined by the local educational
agency to be at risk of failing in, or dropping
out of, school, subject to the requirements of
clause (ii); and
``(ii) except as otherwise provided in section
722(e)(3)(B), shall not provide services in
settings within a school that segregate homeless
children and youths from other children and
youths, except as necessary for short periods of
time--
``(I) for health and safety
emergencies; or
``(II) to provide temporary,
special, and supplementary services to
meet the unique needs of homeless
children and youths.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part of
the school's regular academic program.
``(b) Application.--A local educational agency that desires to
receive a subgrant under this section shall submit an application to the
State educational agency at such time, in such manner, and containing or
accompanied by such information as the State educational agency may
reasonably require. Such application shall include the following:
``(1) An assessment of the educational and related needs of
homeless children and youths in the area served by such agency
(which may be undertaken as part of needs assessments for other
disadvantaged groups).
[[Page 115 STAT. 2002]]
``(2) A description of the services and programs for which
assistance is sought to address the needs identified in
paragraph (1).
``(3) An assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the fiscal
year preceding the fiscal year for which the determination is
made, was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is made.
``(4) An assurance that the applicant complies with, or will
use requested funds to comply with, paragraphs (3) through (7)
of section 722(g).
``(5) A description of policies and procedures, consistent
with section 722(e)(3), that the agency will implement to ensure
that activities carried out by the agency will not isolate or
stigmatize homeless children and youths.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 726, make competitive
subgrants to local educational agencies that submit applications
under subsection (b). Such subgrants shall be awarded on the
basis of the need of such agencies for assistance under this
subtitle and the quality of the applications submitted.
``(2) Need.--In determining need under paragraph (1), the
State educational agency may consider the number of homeless
children and youths enrolled in preschool, elementary, and
secondary schools within the area served by the local
educational agency, and shall consider the needs of such
children and youths and the ability of the local educational
agency to meet such needs. The State educational agency may also
consider the following:
``(A) The extent to which the proposed use of funds
will facilitate the enrollment, retention, and
educational success of homeless children and youths.
``(B) The extent to which the application--
``(i) reflects coordination with other local
and State agencies that serve homeless children
and youths; and
``(ii) describes how the applicant will meet
the requirements of section 722(g)(3).
``(C) The extent to which the applicant exhibits in
the application and in current practice a commitment to
education for all homeless children and youths.
``(D) Such other criteria as the State agency
determines appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall consider
the following:
``(A) The applicant's needs assessment under
subsection (b)(1) and the likelihood that the program
presented in the application will meet such needs.
``(B) The types, intensity, and coordination of the
services to be provided under the program.
``(C) The involvement of parents or guardians of
homeless children or youths in the education of their
children.
[[Page 115 STAT. 2003]]
``(D) The extent to which homeless children and
youths will be integrated within the regular education
program.
``(E) The quality of the applicant's evaluation plan
for the program.
``(F) The extent to which services provided under
this subtitle will be coordinated with other services
available to homeless children and youths and their
families.
``(G) Such other measures as the State educational
agency considers indicative of a high-quality program,
such as the extent to which the local educational agency
will provide case management or related services to
unaccompanied youths.
``(4) Duration of grants.--Grants awarded under this section
shall be for terms not to exceed 3 years.
``(d) Authorized Activities.--A local educational agency may use
funds awarded under this section for activities that carry out the
purpose of this subtitle, including the following:
``(1) The provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same challenging State academic content
standards and challenging State student academic achievement
standards the State establishes for other children and youths.
``(2) The provision of expedited evaluations of the
strengths and needs of homeless children and youths, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students, children
with disabilities, and students with limited English
proficiency, services provided under title I of the Elementary
and Secondary Education Act of 1965 or similar State or local
programs, programs in vocational and technical education, and
school nutrition programs).
``(3) Professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel to
the needs of homeless children and youths, the rights of such
children and youths under this subtitle, and the specific
educational needs of runaway and homeless youths.
``(4) The provision of referral services to homeless
children and youths for medical, dental, mental, and other
health services.
``(5) The provision of assistance to defray the excess cost
of transportation for students under section 722(g)(4)(A), not
otherwise provided through Federal, State, or local funding,
where necessary to enable students to attend the school selected
under section 722(g)(3).
``(6) The provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged homeless
children.
``(7) The provision of services and assistance to attract,
engage, and retain homeless children and youths, and
unaccompanied youths, in public school programs and services
provided to nonhomeless children and youths.
``(8) The provision for homeless children and youths of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational activities.
[[Page 115 STAT. 2004]]
``(9) If necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youths in school,
including birth certificates, immunization or medical records,
academic records, guardianship records, and evaluations for
special programs or services.
``(10) The provision of education and training to the
parents of homeless children and youths about the rights of, and
resources available to, such children and youths.
``(11) The development of coordination between schools and
agencies providing services to homeless children and youths, as
described in section 722(g)(5).
``(12) The provision of pupil services (including violence
prevention counseling) and referrals for such services.
``(13) Activities to address the particular needs of
homeless children and youths that may arise from domestic
violence.
``(14) The adaptation of space and purchase of supplies for
any nonschool facilities made available under subsection (a)(2)
to provide services under this subsection.
``(15) The provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations.
``(16) The provision of other extraordinary or emergency
assistance needed to enable homeless children and youths to
attend school.
