Sec. 10102. Grants for State and local activities

2,989 words·~14 min read·/bill/114/s/1177/pcs/section-10102

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

Section 722 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432 ) is amended— by striking subsection

(b)and inserting the following: 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 needs for assistance under this subtitle, as determined by the Secretary. The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior. The transferred funds shall be used for programs 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. ), 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 transferred funds 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 amounts transferred, including appropriate goals, objectives, and milestones. ; in subsection (c)— by redesignating paragraph

(3)as paragraph (4); and by striking the subsection heading and all that follows through paragraph

(2)and inserting the following: The Secretary is authorized to allot to each State for a fiscal year 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 subsection

(b)and uses funds to carry out subsections

(d)and

(h)of section 724, 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 paragraph (2). Subject to paragraph (3), no State shall receive less under this subsection for a fiscal year than the greater of— $150,000; one-fourth of 1 percent of the amount appropriated under section 726 for that year; or the amount such State received under this section for fiscal year 2001. If there are insufficient funds in a fiscal year to allot to each State the minimum amount under paragraph (2), 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. ; in subsection (d)— in paragraph (2)— 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 by striking or, if and inserting including, if ; and 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 subsection (e)— in paragraph (1), by striking subsection (c)(1) and inserting subsection (c)(2) ; and in paragraph (3)— in subparagraph (E)(ii)(II), by striking subsection (g)(6)(A)(v) and inserting subsection (g)(6)(A)(vi) ; and in subparagraph (F)(iii), by striking Not later and all that follows through the Secretary and inserting The Secretary ; by striking subsection

(f)and inserting the following: The Coordinator for Education of Homeless Children and Youths established in each State shall— gather and make publicly available reliable, valid, and comprehensive information on— the number of homeless children and youths identified in the State, which shall be posted annually on the State educational agency’s website; 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 and barriers to the participation and achievement of such children 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 identifying homeless children and youths and allowing such children and youths to enroll in, attend, and succeed in, school; 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 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); 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— educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; providers of services to homeless children and youths and their families, including services of 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 youths, and their families, including public housing agencies, shelter operators, operators of transitional housing facilities, and providers of transitional living programs for homeless youths; local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and community organizations and groups representing homeless children and youths and their families; 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); 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 respond to inquiries from parents and guardians of homeless children and youths, including (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. ; in subsection (g)— in paragraph (1)— in subparagraph (A), by striking achievement ; in subparagraph (B), by striking special ; in subparagraph (D)— by striking (including and all that follows through personnel) and inserting (including liaisons designated under subparagraph (J)(ii), principals and school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) ; and by striking of runaway and homeless youths and inserting of homeless children and youths, including such children and youths who are runaway and homeless youths ; in subparagraph (E), by striking food and inserting nutrition ; in subparagraph (F)— in clause (i), by striking equal and all that follows and inserting access to the same public preschool programs, administered by the State educational agency or local educational agency, as are provided to other children in the State, including ensuring that access by having the administering agency carry out the policies and practices required under paragraph (3); ; in clause (ii), by striking services; and and inserting services, including through the implementation of policies and practices to ensure that youths described in this clause are able to receive appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; ; and by striking clause

(iii)and inserting the following: homeless children and youths who meet the relevant eligibility criteria have access to magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State or local levels; and the State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including providing access to full participation in the academic and extracurricular activities that are made available to students who are not homeless children and youth. ; in subparagraph (H)(i), by striking medical and inserting other health ; in subparagraph (I)— by striking enrollment and inserting identification of homeless children and youths, and the enrollment, ; and by striking State. and inserting State, including barriers related to fees, fines, absences, and credit accrual policies. ; and in subparagraph (J)— in clause (ii), by striking to carry out and inserting and assurances that the liaison will have sufficient training and time to carry out ; and in clause (iii), in the matter preceding subclause (I), by striking origin, as determined in paragraph (3)(A), and inserting origin (within the meaning of paragraph (3)(A)), which may include a preschool, ; and in subclauses

(I)and

(II)of clause (iii), by striking homeless each place it appears; in paragraph (3)— in subparagraph (A)(i)(I), by striking or at the end and inserting and ; in subparagraph (B)— by striking and inserting Best interest ; School stability by redesignating clause

(iii)as clause (iv); by striking clauses

(i)and

(ii)and inserting the following: 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; consider factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, 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; if after carrying out clauses

(i)and

(ii)the local educational agency sends the child or youth to a school other than the school of origin or a school requested as described in clause (ii), provide a written explanation, including a statement regarding the right to appeal under subparagraph (E), to the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the youth; and ; and in that clause (iv), by inserting and takes into account after considers ; by striking subparagraph

(C)and inserting the following: 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, records of immunization and other required health records, proof of residency, or other documentation; 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 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 health records, in accordance with subparagraph (D). ; in subparagraph (D)— in the matter preceding clause (i), by striking medical records and inserting health records ; and in clause (i), by inserting involved after records ; in subparagraph (E)— in the matter preceding clause (i), by striking If and all that follows through school— and inserting If a dispute arises over eligibility for enrollment, school selection, or enrollment in a public school, including a public preschool— ; in clause (i), by inserting before the semicolon the following: , including all available appeals ; and by striking clause

(ii)and inserting the following: 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 State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions; ; by striking subparagraph

(G)and inserting the following: Information about a homeless child's or youth's living situation shall be treated as a student education record, and not as directory information, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). ; and by adding at the end the following: 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. In the case of a child or youth who completed 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. ; in paragraph (4)— in subparagraph (A), by inserting before the period the following , which may include transportation to a preschool ; in subparagraph (B), by striking and educational and all that follows and inserting educational programs for English learners, charter school programs, and magnet school programs. ; and in subparagraph (C), by striking vocational and inserting career ; in paragraph (5)— in subparagraph (A)— in clause (i), by striking programs providing and inserting entities providing ; and in clause (ii), by striking such as transportation or and inserting including transportation and ; in subparagraph (C)— by redesignating clauses

(i)and

(ii)as clauses

(ii)and (iii), respectively; by inserting before clause (ii), as redesignated by subclause (I), the following: ensure that all homeless children and youths are promptly identified; ; and in clause (ii), as redesignated by subclause (I), by striking have access and and inserting have access to and are in ; and by adding at the end the following: 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. ), 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. ; in paragraph (6)— in subparagraph (A)— by redesignating clauses

(iv)through

(vii)as clauses

(v)through (viii), respectively; by striking clause

(iii)and inserting the following: 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; 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; ; by striking clause (vi), as redesignated by subclause (I), and inserting the following: public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents and 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; ; in clause (vii), as redesignated by subclause (I), by striking and at the end; in clause (viii), as redesignated by subclause (I), by striking the period and inserting a semicolon; and by adding at the end the following: school personnel providing services under this subtitle receive professional development and other support; and unaccompanied youths— are enrolled in school; 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 are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ) and may obtain assistance 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 ). ; in subparagraph (B), by striking and advocates and all that follows and inserting advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths who are in secondary school, 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. ; in subparagraph (C), by adding at the end the following: Such coordination shall include collecting and providing to the State coordinator the reliable, valid, and comprehensive information and data needed to meet the requirements of paragraphs

(1)and

(3)of subsection (f). ; and by adding at the end the following: As determined appropriate by the State coordinator, the local educational agency liaisons shall participate in the professional development activities provided, and other technical assistance activities provided pursuant to paragraphs

(5)and

(6)of subsection (f), by the State coordinator. ; and in paragraph (7)— in subparagraph (A), by striking that receives and all that follows through enrollment and inserting shall review and revise any policies that may act as barriers to the identification of homeless children and youths or enrollment ; and in subparagraph (C), by striking enrollment and inserting identification, enrollment, ; and by striking subsection (h).

Connectionstraces to 10

Traces to 10 documents

U.S. Code