§ 11434. Secretarial responsibilities

1,273 words·~6 min read·/usc/title-42/section-11434

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(a)Review of State plans In reviewing the State plan submitted by a State educational agency under section 11432(g) of this title, 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 part, if requested by the State educational agency.

(c)Notice

(1)In general The Secretary shall, before the next school year that begins after December 10, 2015, 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.

(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 11435 of this title to conduct such activities.

(e)Submission and distribution The Secretary shall require applications for grants under this part 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.

(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 11431(1) of this title. 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.

(g)Guidelines The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after December 10, 2015, 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.

(h)Information

(1)In general From funds appropriated under section 11435 of this title, the Secretary shall, directly or through grants, contracts, or cooperative agreements, periodically collect and disseminate data and information regarding—

(A)the number and primary nighttime residence of homeless children and youths in all areas served by local educational agencies;

(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 part.

(2)Coordination The Secretary shall coordinate such collection and dissemination with other agencies and entities that receive assistance and administer programs under this part.

(i)Report Not later than 4 years after December 10, 2015, 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 part.

(Pub. L. 100–77, title VII, § 724, as added Pub. L. 107–110, title X, § 1032, Jan. 8, 2002, 115 Stat. 2004; amended Pub. L. 114–95, title IX, § 9104, Dec. 10, 2015, 129 Stat. 2136.)

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