Sec. 3. Conforming amendments
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The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— in section 1111 ( 20 U.S.C. 6311 )— in subsection (b)(2), by adding at the end the following: The accountability provisions under this Act shall ensure that homeless children and youths (as defined in section 726 of the McKinney-Vento Homeless Assistance Act), are included in academic assessment, reporting, and accountability systems, consistent with paragraph (3)(C)(xi). Notwithstanding the requirements of subsection (i), the State is not required to disaggregate the assessment results of homeless children and youths as a separate category under subparagraph (C)(v). ; and in subsection (c)— in paragraph (13), by striking and after the semicolon; in paragraph (14), by striking the period at the end and inserting ; and ; and by adding at the end the following: the State will ensure that the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act are satisfied. ; in section 1112 ( 20 U.S.C. 6312 )— by striking subsection (b)(1)(O) and inserting the following: a description of— how the local educational agency will ensure the enrollment, attendance, and success of homeless children and youths; the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3); the amount of funds reserved under section 1113(c)(3); the needs assessment conducted to determine the amount of funds reserved under section 1113(c)(3); how the amount of funds reserved under section 1113(c)(3) was determined and the amount of funds' relation to the needs assessment; the collaborative role of the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act in determining the amount of funds reserved and the services provided; and the services the local educational agency provided homeless children and youths in the previous academic year, including services provided with funds reserved under section 1113(c)(3), an explanation of any discrepancy between the anticipated and actual use of funds, and an explanation of any unspent reserved funds; ; and in subsection (c)(1)— in subparagraph (N), by striking and after the semicolon; in subparagraph (O), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act that relate to the local educational agency. ; by striking section 1113(c)(3) ( 20 U.S.C. 6313(c)(3) ) and inserting the following:
A local educational agency shall reserve funds under this part to assist homeless children and youths who are attending schools receiving assistance under section 1114 or 1115, or schools not receiving assistance under this part, in satisfying the State's academic achievement standards. In this paragraph, the term homeless children and youths has the meaning given the term in section 726 of the McKinney-Vento Homeless Assistance Act. Notwithstanding the requirements of subsections
(b)and
(c)of section 1120A, funds reserved under subparagraph
(A)may be used to provide homeless children and youths with services not ordinarily provided to other students under this part, including— providing funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act; providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act; providing services to preschool-aged homeless children and homeless secondary school students; providing support services to homeless children and youths in shelters and other locations where they may live; and removing barriers to homeless children and youths' enrollment, attendance, retention, and success in school. The amount of funds reserved under subparagraph
(A)shall be determined collaboratively with the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act and based upon an assessment of the needs of homeless children and youths in the local educational agency, including consideration of the following: The percentage of students determined by the local educational agency to be from a low-income family using the measures described in subsection (a)(5). Available data related to child, youth, and family homelessness in the local educational agency, including data reported to the Department of Housing and Urban Development, data reported to the Department of Health and Human Services under the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. ), and data reported by Head Start, Early Head Start, and other preschool programs in the local educational agency. Information related to child, youth, and family homelessness in the local educational agency obtained through the coordination and collaboration required under subsections (f)(4) and (g)(5) of section 722 of the McKinney-Vento Homeless Assistance Act. The number of homeless children and youths reported by the local educational agency to the State educational agency under section 722(f)(3) of the McKinney-Vento Homeless Assistance Act for the previous school year. Gaps in identification of homeless children and youths in the local educational agency, as described by the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act. Transportation and other needs of homeless children and youths, as described by the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act. Strategies to improve or maintain academic achievement and high school graduation rates for homeless children and youths in the local educational agency. The services provided to homeless children and youths shall, to the maximum extent practicable, integrate homeless children and youths with non-homeless children and youths. A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— children in local institutions for neglected children; and if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs. ; in section 1114(b)(1)(A) ( 20 U.S.C. 6314(b)(1)(A) ), by inserting and homeless children and youths as defined in section 726 of the McKinney-Vento Homeless Assistance Act before that is based on information ; by striking section 1115(b)(2)(E) ( 20 U.S.C. 6315(b)(2)(E) ) and inserting the following: A child or youth who is homeless, as defined in section 726 of the McKinney-Vento Homeless Assistance Act, and attending any school served by the local educational agency is eligible for services under this part. ; in section 1118(a)(2)(E) ( 20 U.S.C. 6318(a)(2)(E) ), by inserting are homeless, before are disabled ; in section 1118(f) ( 20 U.S.C. 6318(f) ), by inserting parents of homeless children, before and parents of migratory children ; by striking section 1821(1) ( 20 U.S.C. 6561(1) ) and inserting the following: The term low-income student means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(a)(5), or a student who is a homeless child or youth, as defined in section 726 of the McKinney-Vento Homeless Assistance Act. ; in section 1822(b)(1) ( 20 U.S.C. 6561a(b)(1) )— by amending subparagraph
(H)to read as follows: counseling and mentoring for at-risk students, including students who are homeless children and youths, as defined in section 726 of the McKinney-Vento Homeless Assistance Act; ; in subparagraph (I), by striking and after the semicolon; in subparagraph (J), by striking the period at the end and inserting ; and ; and by adding at the end the following: outreach activities to locate and identify at-risk students, including homeless children and youths, as defined in section 726 of the McKinney-Vento Homeless Assistance Act. ; in section 1823(b)(1) ( 20 U.S.C. 6561b(b)(1) )— in subparagraph (F), by striking and after the semicolon; in subparagraph (G), by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: describe how the strategies and activities will include outreach and services to homeless children and youths, as defined in section 726 of the McKinney-Vento Homeless Assistance Act. ; in section 1825(1) ( 20 U.S.C. 6561d(1) )— in subparagraph (A), by inserting , including homeless children and youths, as defined in section 726 of the McKinney-Vento Homeless Assistance Act after at-risk students ; and in subparagraph (B), by inserting , homeless children and youths (as defined in section 726 of the McKinney-Vento Homeless Assistance Act), after racial and ethnic minorities ; in section 4203(a) ( 20 U.S.C. 7173(a) )— in paragraph (10), by inserting , including homeless children and youths (as defined in section 726 of the McKinney-Vento Homeless Assistance Act), after participating students ; in paragraph (13)(B), by striking and after the semicolon; in paragraph (14), by striking the period at the end and inserting ; and ; and by adding at the end the following: contains an assurance that the State educational agency will require eligible entities to describe in the entities' applications under section 4204(b) how such entities will ensure the participation, attendance, and success of eligible homeless children and youths (as defined in section 726 of the McKinney-Vento Homeless Assistance Act), paying particular attention to the needs of unaccompanied youths. ; and in section 5203(b)(3)(L) ( 20 U.S.C. 7221b(b)(3)(L) ), by inserting before the semicolon at the end the following: , and the local educational agency requirements under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act .
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U.S. Code
- Statement of purpose§ 6301
- State plans§ 6311
- Local educational agency plans§ 6312
- Eligible school attendance areas§ 6313
- Transferred§ 5701
- Schoolwide programs§ 6314
- Targeted assistance schools§ 6315
- Parent and family engagement§ 6318
- State application§ 7173
- Grants to support high-quality charter schools§ 7221b
4 references not yet in our index
- 20 USC 6561(1)
- 20 USC 6561a(b)(1)
- 20 USC 6561b(b)(1)
- 20 USC 6561d(1)
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cites case law
Sec. 3
Conforming amendments
Cite20 USC 6561(1)
Cite20 USC 6561a(b)(1)
Cite20 USC 6561b(b)(1)
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