SEC. 9104.
SECRETARIAL RESPONSIBILITIES
Section Summary
ESSA
SEC. 9104. SECRETARIAL RESPONSIBILITIES.
Section 724 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of enactment of the Every
Student Succeeds Act, update and disseminate nationwide the
public notice described in this subsection (as in effect prior
to such date) of the educational rights of homeless children and
youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationwide to all Federal agencies, and grant recipients,
serving homeless families or homeless children and youths.'';
(2) by striking subsection (d) and inserting the following:
``(d) Evaluation, Dissemination, and Technical Assistance.--The
Secretary shall conduct evaluation, dissemination, and technical
assistance activities for programs designed to meet the educational
needs of homeless elementary and secondary school students, and may use
funds appropriated under section 726 to conduct such activities.'';
(3) in subsection (e)--
(A) by striking ``60-day'' and inserting ``120-
day''; and
(B) by striking ``120-day'' and inserting ``180-
day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies, concerning areas in which
documented barriers to a free appropriate public education
persist.'';
(5) by striking subsection (g) and inserting the following:
``(g) Guidelines.--The Secretary shall develop, issue, and publish
in the Federal Register, not later than 60 days after the date of
enactment of the Every Student Succeeds Act, guidelines concerning ways
in which a State--
``(1) may assist local educational agencies to implement the
provisions related to homeless children and youths amended by
that Act; and
``(2) may review and revise State policies and procedures
that may present barriers to the identification of homeless
children and youths, and the enrollment, attendance, and success
of homeless children and youths in school.'';
(6) in subsection (h)(1)(A)--
(A) by striking ``location'' and inserting ``primary
nighttime residence''; and
(B) by inserting ``in all areas served by local
educational agencies'' before the semicolon at the end;
and
(7) in subsection (i), by striking ``McKinney-Vento Homeless
Education Assistance Improvements Act of 2001'' and inserting
``Every Student Succeeds Act''.
NCLB Text
``SEC. 724. <<NOTE: 42 USC 11434.>> SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan submitted
by a State educational agency under section 722(g), the Secretary shall
use a peer review process and shall evaluate whether State laws,
policies, and practices described in such plan adequately address the
problems of homeless children and youths relating to access to education
and placement as described in such plan.
``(b) Technical Assistance.--The Secretary shall provide support and
technical assistance to a State educational agency to assist such agency
in carrying out its responsibilities under this subtitle, if requested
by the State educational agency.
``(c) Notice.--The Secretary shall, before the next school year that
begins after the date of enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001, create and disseminate
nationwide a public notice of the educational rights of homeless
children and youths and disseminate such notice to other Federal
agencies, programs, and grantees, including Head Start grantees, Health
Care for the Homeless grantees, Emergency Food and Shelter grantees, and
homeless assistance programs administered by the Department of Housing
and Urban Development.
``(d) Evaluation and Dissemination.--The Secretary shall conduct
evaluation and dissemination activities of programs designed to meet the
educational needs of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to conduct such
activities.
``(e) Submission and Distribution.--The Secretary shall require
applications for grants under this subtitle to be submitted to the
Secretary not later than the expiration of the 60-day period beginning
on the date that funds are available for purposes of
[[Page 115 STAT. 2005]]
making such grants and shall make such grants not later than the
expiration of the 120-day period beginning on such date.
``(f) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered by the
Secretary under subsection (h), shall determine the extent to which
State educational agencies are ensuring that each homeless child and
homeless youth has access to a free appropriate public education, as
described in section 721(1).
``(g) <<NOTE: Federal Register, publication. Deadline.>>
Guidelines.--The Secretary shall develop, issue, and publish in the
Federal Register, not later than 60 days after the date of enactment of
the McKinney-Vento Homeless Education Assistance Improvements Act of
2001, school enrollment guidelines for States with respect to homeless
children and youths. The guidelines shall describe--
``(1) successful ways in which a State may assist local
educational agencies to immediately enroll homeless children and
youths in school; and
``(2) how a State can review the State's requirements
regarding immunization and medical or school records and make
such revisions to the requirements as are appropriate and
necessary in order to enroll homeless children and youths in
school immediately.
``(h) Information.--
``(1) In general.--From funds appropriated under section
726, the Secretary shall, directly or through grants, contracts,
or cooperative agreements, periodically collect and disseminate
data and information regarding--
``(A) the number and location of homeless children
and youths;
``(B) the education and related services such
children and youths receive;
``(C) the extent to which the needs of homeless
children and youths are being met; and
``(D) such other data and information as the
Secretary determines to be necessary and relevant to
carry out this subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(i) <<NOTE: Deadline.>> Report.--Not later than 4 years after the
date of enactment of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, the Secretary shall prepare and submit to the
President and the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the status of education of homeless
children and youths, which shall include information on--
``(1) the education of homeless children and youths; and
``(2) the actions of the Secretary and the effectiveness of
the programs supported under this subtitle.
