Sec. 11012. Education for homeless children and youth

8,079 words·~37 min read·/bill/113/s/1094/is/section-11012

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ) is amended to read as follows: The following is the policy of Congress: Each State shall ensure that each homeless child and youth has access to the same free appropriate public education, including a public preschool education, as is provided to other children and youth. In any State where compulsory residency requirements or other requirements of laws, regulations, practices, or policies may act as a barrier to the identification, enrollment, attendance, or success in school of homeless children and youth, the State shall review and revise such laws, regulations, practices, or policies to ensure that homeless children and youth are afforded the same free appropriate public education as is provided to other children and youth.

Homelessness is not a sufficient reason to separate students from the mainstream school environment. Homeless children and youth shall have access to the education and other services that such children and youth need to ensure that such children and youth have an opportunity to meet the same college and career ready State student academic achievement standards to which all students are held. The Secretary is authorized to make grants to States from allotments made under subsection

(c)and in accordance with this section to enable such States to carry out the activities described in subsections

(d)through (g). In order for a State to be eligible to receive a grant under this section, the State educational agency, in consultation with other relevant State agencies, shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Subject to subparagraph (C), 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 727 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 ( 20 U.S.C. 6332 ) 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 as provided in subparagraph (B). No State shall receive for a fiscal year less under this paragraph than the greater of— $300,000; or an amount that bears the same ratio to the amount appropriated for such year under section 727 that remains after the Secretary reserves funds under paragraph

(2)and uses funds to carry out section 724

(d)and (h), as the amount the State received under this paragraph for the preceding fiscal year bears to the total amount received by all States under this paragraph for the preceding fiscal year. If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (B), 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. The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 727 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. Funds allocated under this subparagraph shall be used for programs that are consistent with the purposes of the programs described in this subtitle. The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 727 to the Department of the Interior for programs that are for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), and that are consistent with the purposes of the programs described in this subtitle. The Secretary of Education 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 of Education 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 funds transferred, including appropriate goals, objectives, and milestones for that use. Grant funds from a grant made to a State under this section shall be used for the following: To provide activities for and services to improve the identification of homeless children and youth and enable such children and youth to enroll in, attend, and succeed in school, including in early childhood education programs. To establish or designate an Office of the Coordinator for Education of Homeless Children and Youth in the State educational agency in accordance with subsection

(f)that has sufficient knowledge, authority, and time to carry out the duties described in this subtitle. To prepare and carry out the State plan described in subsection (g). To develop and implement professional development activities for liaisons designated under subsection (g)(1)(J)(ii), other local educational agency and school personnel, and community agencies— to improve their identification of homeless children and youth; and to improve their awareness of, and capacity to respond to, specific needs in the education of homeless children and youth. From the grant funds made available each year to a State under subsection

(a)to carry out this subtitle, the State educational agency shall distribute not less than 75 percent by making subgrants under section 723 to local educational agencies for the purposes of carrying out section 723. A State educational agency may use any grant funds remaining after making subgrants under section 723 to conduct activities under subsection

(f)directly or through making grants or entering into contracts. 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. The Coordinator for Education of Homeless Children and Youth established in each State shall— gather and make publicly available reliable, valid, and comprehensive information on— the nature and extent of the problems homeless children and youth have in gaining access to public preschool programs, and to public elementary schools and secondary schools; the difficulties in identifying the special needs and barriers to participation and achievement of such children and youth; 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 identifying homeless children and youth and allowing homeless children and youth to enroll in, attend, and succeed in, school; and develop and carry out the State plan described in subsection (g); collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, reports containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and youth within the State, including data requested pursuant to section 724(h); improve the provision of comprehensive education and related support services to homeless children and youth and their families, and to minimize educational disruption, through coordination of activities, and collaboration with— educators, including teachers, administrators, special education personnel, and child development and preschool program personnel; providers of services to homeless children and youth and homeless families, 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. ); providers of emergency, transitional, and permanent housing to homeless children and youth, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youth; local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youth; and community organizations and groups representing homeless children and youth and their families; provide professional development and 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 paragraphs

(3)through

(8)of subsection (g), and subsection (e)(3); and make opportunities available for teachers and local educational agency liaisons designated under subsection (g)(1)(J)(ii) to participate in ongoing and relevant professional development programs and activities. Each State shall submit to the Secretary and implement a plan to provide for the education of all homeless children and youth within the State. Such plan shall include the following: A description of how such children and youth are (or will be) given the opportunity— to meet the same college and career ready State student academic achievement standards as all students are expected to meet; and to become college and career ready. A description of the procedures the State educational agency will use, in coordination with local educational agencies, to identify such children and youth in the State and to assess their needs. A description of procedures for the prompt resolution of disputes arising under this subtitle, which shall— be developed in coordination and collaboration with the liaisons designated under subparagraph (J)(ii); be readily available and provided in a written format and, to the extent practicable, in a manner and form understandable to the parents and guardians of homeless children and youth; take into account the educational best interest of the homeless child or youth, or unaccompanied youth, involved; and ensure that parents and guardians of homeless children and youth, and unaccompanied youth, who have exhausted the procedures available under this paragraph are able to appeal to the State educational agency, and are enrolled in school pursuant to paragraph (4)(C) and receive transportation pursuant to subparagraph (J)(iii) pending final resolution of the dispute. A description of programs for school personnel (including the liaisons, principals, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to increase the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youth. A description of procedures that ensure that homeless children and youth are able to participate in Federal, State, or local nutrition programs. A description of procedures that ensure that— homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, including through the policies and practices required under paragraph (3); homeless youth, including youth separated from public schools, are identified and accorded equal access to appropriate and available secondary education and support services, including receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, and for work completed after their enrollment in a new school, consistent with State graduation requirements and accreditation standards; and homeless children and youth who meet the relevant eligibility criteria are able to participate in Federal, State, or local before- and after-school care, magnet schools, summer schools, career and technical education, advanced placement, online learning opportunities, charter school programs, and relevant workforce investment programs. Strategies to address problems identified in the reports provided to the Secretary under subsection (f)(3). Strategies to address other problems with respect to the education of homeless children and youth, including enrollment problems related to— immunization and other required health records and screenings; residency requirements; lack of birth certificates, school records, or other documentation; guardianship issues; or uniform or dress code requirements. A demonstration that the State educational agency, and local educational agencies and schools in the State, have developed and shall regularly review and revise their policies and practices to remove barriers to the identification, enrollment, attendance, retention, and success of homeless children and youth in schools, including early childhood education programs, in the State. Assurances that the following will be carried out: The State educational agency and local educational agencies in the State will adopt policies and practices to ensure that homeless children and youth are not stigmatized or segregated on the basis of their status as homeless. Local educational agencies will designate an appropriate staff person as the local educational agency liaison for homeless children and youth, who shall have sufficient training and time to carry out the duties described in paragraph (7)(A), and who may also be a coordinator for other Federal programs. The State and 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 involved (or in the case of an unaccompanied youth, the liaison), to and from the school of origin, for as long as the student has the right to attend the school of origin as determined in paragraph (4)(A), in accordance with the following, as applicable: If the child or youth continues to live in the area served by the local educational agency for the school of origin, the child’s or youth’s transportation to and from the school of origin shall be provided or arranged by the local educational agency for the school of origin. 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 for the area in which the child or youth is living shall agree upon a method to apportion the responsibility and cost for providing 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 between the agencies. The State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including access to full participation in academic and extracurricular activities that are made available to non-homeless students. 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 (8). 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). Each State plan adopted under this subsection shall ensure that entities carrying out preschool programs funded, administered, or overseen by the agency involved— identify and prioritize homeless children for enrollment and increase their enrollment and attendance in early childhood education programs, including through policies such as— reserving spaces in preschool programs for homeless children; conducting targeted outreach to homeless children and their families; waiving application deadlines; providing ongoing professional development for staff regarding the needs of homeless children and their families and strategies to serve the children and families; and developing the capacity to serve all identified homeless children; and review the educational and related needs of homeless children and their families in such agency’s service area, in coordination with the liaison designated under paragraph (1)(J)(ii). 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— continue the child's or youth's education in the school of origin for the duration of homelessness— in any case in which the child or youth becomes a homeless child or youth between academic years or during an academic year; and for the remainder of the academic year, if the child or youth becomes permanently housed during an academic year; or 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. In determining the best interest of the child or youth under subparagraph (A), the local educational agency shall— presume that keeping a homeless 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 wishes of the child’s or youth’s parent or guardian; 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 wishes of the homeless child’s or youth’s parent or guardian or the unaccompanied youth involved; if, after conducting the best interest determination described 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, guardian, or unaccompanied youth, provide, in coordination with the local education agency liaison, the homeless child's or youth’s parent or guardian or the unaccompanied youth, with a written explanation in a manner or form understandable to such parent, guardian, or youth, to the extent practicable, including a statement regarding the right to appeal under subparagraph (E); in the case of an unaccompanied youth, ensure that the local educational agency liaison 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); and provide transportation pursuant to paragraphs (1)(J)(iii) and (5). 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 traditionally required for enrollment, including previous academic records, health records, proof of residency or guardianship, or other documentation; has unpaid fines or fees from prior schools or is unable to pay fees in the school selected; or has missed application or enrollment deadlines during any period of homelessness. The enrolling school shall immediately contact the school last attended by the child or youth to obtain relevant academic and other records. If the child or youth needs to obtain immunizations or other required health records, the enrolling school shall immediately enroll the child or youth and immediately refer the parent or guardian of the child or youth, or the unaccompanied 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). Whenever the school selected enrolls an unaccompanied youth in accordance with this paragraph, no liability shall be imposed upon the school by reason of enrolling the youth without parent or guardian consent. Any record ordinarily kept by the school, including immunizations 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— so that the records involved are available when a homeless child or youth enters a new school or school district, even if the child or youth owes fees or fines or did not withdraw from the previous school in conformance with local withdrawal procedures; and in a manner consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g). If a dispute arises over eligibility, enrollment, school selection, or service in a public school or public preschool, or any other issue relating to services under this subtitle— in the case of a dispute relating to eligibility for enrollment or school selection, 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; the parent or guardian of the child or youth shall be provided with a written explanation of the school’s decision regarding eligibility for enrollment, school selection, or services, made by the school or the local educational agency, which shall include information about the right to appeal the decision; 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 such dispute; and 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. The choice regarding placement shall be made regardless of whether the child or youth involved lives with the homeless parents or has been temporarily placed elsewhere. In this paragraph, 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. When a 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 the feeder school that the child or youth attended. Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child to submit contact information. Information about a homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) and shall not be released to housing providers, employers, law enforcement personnel, or other persons or agencies not authorized to have such information under section 99.31 of title 34, Code of Federal Regulations, paying particular attention to preventing disruption of the living situation of the child or youth and to supporting the safety of such children and youth who are survivors of domestic violence and unaccompanied youth. The school selected in accordance with this paragraph shall ensure that homeless children and youth have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including implementing the policies and practices required by paragraph (1)(J)(iv). Each local educational agency shall ensure school readiness for homeless children as described in paragraph (3). In addition to receiving services provided for homeless children and youth under this subtitle or other Federal, State, or local laws, regulations, policies, or practices, each homeless child or youth to be assisted under this subtitle also shall be provided services comparable to services offered to other students in the school selected under paragraph (4), including the following: Transportation services. Educational services for which the child or youth meets the eligibility criteria, including services provided under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), similar State or local programs, charter schools, magnet schools, educational programs for children with disabilities, and educational programs for students with limited English proficiency. Programs in career and technical education. Programs for gifted and talented students. School nutrition programs. Health and counseling services, as appropriate. Each local educational agency shall coordinate— the provision of services under this subtitle with the services of local social services agencies and other agencies or entities providing services to homeless children and youth and their families, including services and programs funded under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. ); and transportation, transfer of school records, and other interdistrict activities, with other local educational agencies. Each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate, if applicable, with State and local housing agencies responsible for developing a comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) to minimize education disruption for children and youth who become homeless. The coordination required under subparagraphs

(A)and

(B)shall be designed to— ensure that all homeless children and youth are identified within a reasonable time frame; ensure that homeless children and youth have access to and are in reasonable proximity to available education and related support services; and 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. For children and youth 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 such local educational agency and other involved local educational agencies. Each local educational agency liaison for homeless children and youth, designated under paragraph (1)(J)(ii), shall ensure that— all homeless children and youth are identified by school personnel and through outreach and coordination activities with other entities and agencies; homeless children and youth are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; homeless families, and homeless children and youth, have access to educational services for which such families, children, and youth are eligible, including services through Head Start, Early Head Start, early intervention, and Even Start programs, and preschool programs described in paragraph (3); homeless families, and homeless children and youth, receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; homeless children and youth are certified as eligible for free meals offered under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), without further application; the parents or guardians of homeless children and youth are informed of the educational and related opportunities available to their children, including early learning opportunities, and are provided with meaningful opportunities to participate in the education of their children; public notice of the educational rights of homeless children and youth is incorporated into documents related to residency requirements or enrollment, provided upon school enrollment and withdrawal, posted on the local educational agency’s website, and disseminated in locations frequented by parents or guardians of such children and youth, and unaccompanied youth, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to parents and guardians of homeless children and youth and unaccompanied youth; disputes are resolved in accordance with paragraph (4)(E); 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 (4)(A); school personnel are adequately prepared to implement this subtitle and receive professional development, resource materials, technical assistance, and other support; and unaccompanied youth— are enrolled in school; have opportunities to meet the same college and career ready State student academic achievement standards to which other students are held, including through implementation of the policies and practices required by subparagraphs (F)(ii) and (J)(iv) of paragraph (1); and are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ), including through school counselors that have received professional development about unaccompanied youth, and 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 ). State Coordinators appointed under subsection (d)(2) and local educational agencies shall inform school personnel, service providers, and advocates working with homeless families and homeless children and youth of the contact information and duties of the local educational agency liaisons, including publishing an annually updated list of the liaisons on the State educational agency’s website. The local educational agency liaisons shall, as a part of their duties, coordinate and collaborate with the State Coordinators and community and school personnel responsible for the provision of education and related support services to homeless children and youth. 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). The local educational agency liaisons shall participate in the professional development and other technical assistance activities provided by the State Coordinator pursuant to subsection (f)(5). The State educational agency, and the local educational agencies in the State, shall ensure that the programs serving public preschool children comply with the requirements of this subtitle. The Secretary shall make emergency disaster grants to eligible local educational agencies and eligible States described in paragraph (2), in order to increase the capacity for such local educational agencies and States to respond to major disasters. A local educational agency shall be eligible to receive an emergency disaster grant under this subsection, based on demonstrated need, if such local educational agency’s enrollment of homeless children and youth has increased as a result of a hurricane, flood, or other natural disaster for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.). A State, through the Office of the Coordinator for Education of Homeless Children and Youths in the State educational agency, shall be eligible to receive an emergency disaster grant under this subsection if there are 1 or more eligible local educational agencies, as described in clause (i), located within the State. In order for an eligible State or an eligible local educational agency to receive a grant under this subsection, the State educational agency, in consultation with other relevant State agencies, or local educational agency shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. The Secretary shall distribute emergency disaster grant funds— based on demonstrated need, to State educational agencies or local educational agencies for local educational agencies whose enrollment of homeless children and youths has increased as a result of a hurricane, flood, or other natural disaster for which the President has declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.); expeditiously, and in no case later than 75 days after such funds are appropriated to the Secretary; and in a manner that enables local educational agencies to use such funds for the immediate needs of disaster response and ongoing disaster recovery. The Secretary shall distribute grants under this subsection in amounts determined by the Secretary and related to the increase in enrollment of homeless children and youths as a result of such major disaster. A local educational agency or State educational agency that receives an emergency disaster grant under this subsection shall use the grant funds to carry out the activities described in section 723(d). The Secretary— shall determine the amount (if any) by which the funds appropriated under section 727 for fiscal year 2009 exceed $70,000,000; and may only use funds from that amount to carry out this subsection. The State educational agency shall, in accordance with section 722(e), and from amounts made available to such agency under section 727, make subgrants to local educational agencies for the purpose of facilitating the identification, enrollment, attendance, and success in school of homeless children and youth. Services under paragraph (1)— may be provided through programs on school grounds or at other facilities; and shall, to the maximum extent practicable, be provided through existing programs and mechanisms that integrate homeless children and youth with nonhomeless children and youth. If services under paragraph

(1)are provided to homeless children and youth on school grounds, the school involved may use funds under this subtitle to provide the same services to other children and youth who are determined by the local educational agency serving the school to be at risk of failing in, or dropping out of, school. 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. Subgrants awarded under this section shall be for terms of not to exceed 3 years. 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: An assessment of the educational and related needs of homeless children and youth in the area served by the local educational agency (which may be undertaken as part of a needs assessment for another disadvantaged group). A description of the services and programs for which assistance is sought to address the needs identified in paragraph (1). 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 subgrant 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. An assurance that the applicant complies with, or will use requested funds to comply with, paragraphs

(3)through

(7)of section 722(g). A description of policies and procedures that the agency will implement to ensure that activities carried out by the agency will not isolate or stigmatize homeless children and youth. 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). An assurance that the local educational agency has removed the policies and practices that have created barriers to the identification, enrollment, attendance, retention, and success in school of all homeless children and youth. The State educational agency shall, in accordance with the requirements of this subtitle and from amounts made available to it under section 722(a), make subgrants on a competitive basis 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. In determining need under paragraph (1), the State educational agency may consider the number of homeless children and youth enrolled in preschool, elementary schools, and secondary schools within the area served by the local educational agency, and shall consider the needs of such children and youth and the ability of the local educational agency to meet such needs. The State educational agency may also consider the following: The extent to which the proposed use of funds will facilitate the identification, enrollment, attendance, retention, and educational success of homeless children and youth. The extent to which the application reflects coordination with other local and State agencies that serve homeless children and youth. The extent to which the applicant exhibits in the application and in current practice (as of the date of submission of the application) a commitment to education for all homeless children and youth. Such other criteria as the State agency determines to be appropriate. In determining the quality of applications under paragraph (1), the State educational agency shall consider each of the following: The applicant's needs assessment under subsection (b)(1) and the likelihood that the program presented in the application will meet such needs. The types, intensity, and coordination of services to be provided under the program. The extent to which the applicant will promote meaningful involvement of parents or guardians of homeless children or youth in the education of their children. The extent to which homeless children and youth will be integrated into the regular education program involved. The quality of the applicant's evaluation plan for the program. The extent to which services provided under this subtitle will be coordinated with other services available to homeless children and youth and their families, including housing and social services and services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), and similar State and local programs. 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. The local educational agency’s use of funds to serve homeless children and youth under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(c)(3)). The extent to which the applicant's program meets such other measures as the State educational agency considers to be indicative of a high-quality program, including the extent to which the local educational agency will provide services to unaccompanied youth and preschool-aged children. The extent to which the application describes how the applicant will meet the requirements of section 722(g)(4). A local educational agency may use funds awarded under this section for activities that carry out the purpose of this subtitle, including the following: The provision of tutoring, supplemental instruction, and enriched educational services that are linked to the achievement of the same college and career ready State academic content standards and college and career ready State student academic achievement standards as the State establishes for other children and youth. The provision of expedited evaluations of the strengths, needs, and eligibility of homeless children and youth, including needs and eligibility for programs and services (including educational programs for gifted and talented students, children with disabilities, and students with limited English proficiency, charter school programs, magnet school programs, programs in career and technical education, and school nutrition programs). Professional development and other activities for educators and specialized instructional support personnel that are designed to heighten the understanding and sensitivity of such educators and personnel to the needs of homeless children and youth, the rights of such children and youth under this subtitle, and the specific educational needs of runaway and homeless youth. The provision of referral services to homeless children and youth for medical, dental, mental, and other health services. The provision of assistance to defray the cost of transportation under paragraphs (1)(J)(iii) and (5)(A) of section 722(g), not otherwise provided through Federal, State, or local funding. The provision of developmentally appropriate early childhood education programs, not otherwise provided through Federal, State, or local funding. The provision of services and assistance to attract, engage, and retain homeless children and youth, particularly homeless children and youth who are not enrolled in school, in public school programs and services provided to nonhomeless children and youth. The provision for homeless children and youth 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. If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to facilitate the appropriate placement of homeless children and youth in school, including birth certificates, immunization or other required health records, academic records, guardianship records, and evaluations for special programs or services. The provision of education and training to the parents of homeless children and youth about the rights of, and resources available to, such children and youth, and other activities designed to increase the meaningful involvement of families of homeless children or youth in the education of their children. The development of coordination of activities between schools and agencies providing services to homeless children and youth, as described in section 722(g)(6). The provision of specialized instructional support services (including counseling) and referrals for such services. Activities to address the particular needs of homeless children and youth that may arise from domestic violence and parental mental health or substance abuse problems. The adaptation of space and purchase of supplies for any nonschool facilities made available under subsection (a)(2) to provide services under this subsection. The provision of school supplies, including supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations. The provision of assistance to defray the cost of the position of liaison designated pursuant to section 722(g)(1)(J)(ii), not otherwise provided through Federal, State, or local funding. The provision of other extraordinary or emergency assistance needed to enable homeless children and youth to enroll, attend, and succeed in school, including in early childhood education programs. 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 all homeless children and youth relating to access to education and placement as described in such plan. The Secretary shall— provide support and technical assistance to State educational agencies to assist such agencies in carrying out their responsibilities under this subtitle; and establish or designate a Federal Office of the Coordinator for Education of Homeless Children and Youths that has sufficient capacity, resources, and support to carry out the responsibilities described in this subtitle. The Secretary shall, before the next school year that begins after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, develop and disseminate a public notice of the educational rights of homeless children and youth. The notice shall include information regarding the definition of homeless children and youth in section 726. The Secretary shall disseminate the notice nationally. The Secretary also shall disseminate such notice to heads of other Department of Education offices, including those responsible for special education programs, higher education, and programs under parts A, B, C, D, G, and H of title I, title III, title IV, and part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et seq.). The Secretary shall also disseminate such notice to heads of other Federal agencies, and grant recipients and other entities carrying out federally funded programs, including Head Start programs, grant recipients under the Health Care for the Homeless program of the Health Resources and Services Administration of the Department of Health and Human Services, grant recipients under the Emergency Food and Shelter National Board Program of the Federal Emergency Management Agency, grant recipients under the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), grant recipients under the John H. Chafee Foster Care Independence program, grant recipients under homeless assistance programs administered by the Department of Housing and Urban Development, and recipients of Federal funding for programs carried out by the Administration on Children, Youth and Families of the Department of Health and Human Services. The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs that are designed to meet the educational needs of homeless preschool, elementary school, and secondary school students, and may use funds appropriated under section 727 to conduct such activities. The Secretary shall require applications for grants under section 722 to be submitted to the Secretary not later than the expiration of the 120-day period beginning on the date that funds are available for purposes of making such grants and shall make such grants not later than the expiration of the 180-day period beginning on such date. 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 or youth has access to a free appropriate public education, as described in section 721(1). The Secretary shall provide support and technical assistance to State educational agencies in areas in which barriers to a free appropriate public education persist. The Secretary shall develop, issue, and publish in the Federal Register, not later than 90 days after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, a summary of the changes enacted by that Act and related strategies, which summary shall include— strategies by which a State can assist local educational agencies to implement the provisions amended by the Act; strategies by which a State can review and revise State policies and procedures that may present barriers to the identification, enrollment, attendance, and success of homeless children and youth in school; and strategies by which entities carrying out preschool programs can implement requirements of section 722(g)(3). From funds appropriated under section 727, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically but not less frequently than every 2 years, collect and disseminate publicly data and information regarding— the number of homeless children and youth; the education and related support services such children and youth receive; the extent to which the needs of homeless children and youth are being met; the academic progress being made by homeless children and youth, including the percent or number of homeless children and youth participating in State assessments; and such other data and information as the Secretary determines to be necessary and relevant to carry out this subtitle. The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this subtitle. Not later than 4 years after the date of enactment of the McKinney-Vento Homeless Education Reauthorization Act of 2013, 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 the provision of education and related support services to homeless children and youth, which shall include information on— the education of homeless children and youth; and the actions of the Secretary and the effectiveness of the programs supported under this subtitle. Nothing in this subtitle shall be construed to diminish the rights of parents or guardians of homeless children or youth, or unaccompanied youth, otherwise provided under State law, policy, or practice, including laws or policies that authorize the best interest determination in section 722(g)(3) to be made solely by the parent, guardian, or youth involved. In this subtitle: The terms enroll and enrollment include attending classes and participating fully in school activities. The term homeless children and youth — means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and includes— children and youth who— are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; and are abandoned in hospitals; children and youth who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and migratory children (as such term is defined in section 1312 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses

(i)through (iii). The terms local educational agency and State educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term school includes charter schools, virtual schools, distance learning programs, and other public education programs administered by a State or local educational agency. The term Secretary means the Secretary of Education. The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The term unaccompanied youth means a homeless child or youth not in the physical custody of a parent or legal guardian. For the purpose of carrying out this subtitle, there are authorized to be appropriated such sums as may be necessary for fiscal year 2014 and each of the 6 succeeding fiscal years. .

Connectionstraces to 17

Traces to 17 documents

U.S. Code