113 S833 IS: Educational Success for Children and Youth Without Homes Act of 2013
U.S. Senate
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as
the Educational Success for Children
and Youth Without Homes Act of 2013
.
2.Education for
homeless children and youthsSubtitle B of title VII of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to
read as follows:
BEducation for
homeless children and youths
721.The following is the
policy of Congress:
(1)Each State and
local educational agency 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 youths.
(2)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 youths,
the State and local educational agencies shall review and revise such laws,
regulations, practices, or policies to ensure that homeless children and youths
are afforded the same free appropriate public education as is provided to other
children and youths.
(3)Homelessness is
not a sufficient reason to separate students from the mainstream school
environment.
(4)Homeless children
and youths shall have access to the education and other services that such
children and youths need to ensure that such children and youths have an
opportunity to meet the same challenging State student academic achievement
standards to which all students are held.
722.Grants for
State and local activities for the education of homeless children and
youths
(a)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 (h).
(b)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.
(c)Allocation and
reservations
(1)
(A)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(a) 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).
(B)No State shall receive less under this paragraph than
the greater of—
(i)$300,000;
or
(ii)one-fourth of 1
percent of the amount appropriated under section 727(a) for that year.
(C)Reduction for
insufficient fundsIf 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.
(2)
(A)The Secretary is authorized to reserve 0.1 percent of
the amount appropriated for each fiscal year under section 727(a) 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. Funds allocated under this subparagraph shall be used for
programs that are consistent with the purposes of the programs described in
this subtitle.
(B)
(i)The
Secretary shall transfer 1 percent of the amount appropriated for each fiscal
year under section 727(a) 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.
(ii)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.
(d)Grant funds from a grant made to a State under this
section shall be used for the following:
(1)To provide
activities for and services to improve the identification of homeless children
and youths and enable such children and youths to enroll in, attend, and
succeed in school, including in early care and education programs (especially
in prekindergarten).
(2)To provide
activities and services to improve the identification of homeless children and
youths and enable such children and youths to enroll in, attend, and succeed in
school and preschool programs.
(3)To establish or
designate an Office of the Coordinator for Education of Homeless Children and
Youths in the State educational agency in accordance with subsection (f) that
has sufficient capacity, resources, and support to carry out the duties
described in this subtitle.
(4)To prepare and
carry out the State plan described in subsection (g).
(5)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—
(A)to improve their
identification of homeless children and youths; and
(B)to heighten their
awareness of, and capacity to respond to, specific problems in the education of
homeless children and youths.
(e)State and local
subgrants
(1)Minimum
disbursements by StatesFrom 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.
(2)Use by State
educational agencyFrom the remainder of those grant funds, a
State educational agency may use amounts to conduct activities under subsection
(f) directly or through grants or contracts.
(f)Functions of
the office of the coordinatorThe Coordinator for Education of
Homeless Children and Youths established in each State shall—
(1)(A)gather and make
publicly available reliable, valid, and comprehensive information—
(i)on the number of homeless children
and youths identified in the State;
(ii)on the nature and extent of the
problems homeless children and youths have in gaining access to early care and
education programs, and to public elementary schools and secondary
schools;
(iii)on the difficulties in
identifying the special needs and barriers to participation and achievement of
such children and youths;
(iv)on any progress made by the State
educational agency and local educational agencies in the State in addressing
such problems and difficulties; and
(v)describing subgrants awarded under
this subtitle, 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; and
(B)ensure that a report indicating the
numbers of homeless children and youths identified by each local educational
agency in the State shall be posted annually on the State educational agency’s
website;
(2)develop and carry
out the State plan described in subsection (g);
(3)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 all homeless children and youths
within the State, including data requested pursuant to subsection (h) of
section 724;
(4)in order to
improve identification of homeless children and youths and to improve the
provision of comprehensive education and related support services to homeless
children and youths and their families, and to minimize educational disruption,
coordinate activities, and collaborate with—
(A)educators,
including teachers, administrators, special education personnel, child
development and preschool program personnel, truancy, attendance, and dropout
prevention personnel, and personnel from programs provided under titles I, III,
and IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq., 6801 et seq., and 7101 et seq.) and similar State programs;
(B)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.);
(C)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;
(D)local educational
agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children
and youths;
(E)community
organizations and groups representing homeless children and youths and their
families;
(F)relevant State
agencies and task forces, such as State interagency councils on homelessness,
State agencies administering higher education programs and councils for higher
education, State housing agencies, emergency and disaster response teams, State
Head Start collaboration offices, and State advisory panels and State
interagency coordinating councils convened under parts B and C of the
Individuals With Disabilities Education Act (20 U.S.C. 1411 et seq., 1431 et
seq.); and
(G)the Coordinators
for Education of Homeless Children and Youths in other States, including
adjacent States;
(5)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 (7)
of subsection (g), and subsection (h); and
(6)respond to
inquiries from parents and guardians of homeless children and youths and
unaccompanied 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.
(g)
(1)Each State shall submit to the Secretary and carry out a
plan to provide for education and related support services for all homeless
children and youths within the State. Such plan shall include the
following:
(A)A description of
how such children and youths are (or will be) given the opportunity to meet the
same challenging State student academic achievement standards as all students
are expected to meet.
(B)A description of
the procedures the State educational agency will use, in coordination with
local educational agencies, to identify all such children and youths in the
State and to assess their special needs.
(C)A description of
procedures for the prompt resolution of disputes arising under this subtitle,
which shall—
(i)ensure that local
educational agencies have developed dispute resolution procedures which, at a
minimum—
(I)are developed in
coordination and collaboration with the liaisons designated under subparagraph
(J)(ii);
(II)are accessible
to parents and guardians of homeless children and youths, and to unaccompanied
youths;
(III)provide such
parents, guardians, and unaccompanied youths with sufficient opportunity to
present their complaints; and
(IV)designate
decisionmakers who have received training on the requirements of this
subtitle;
(ii)ensure that
parents and guardians of homeless children and youths, and unaccompanied
youths, who have exhausted the procedures available under clause (i) are able
to appeal to the State educational agency, which shall render decisions that
are binding on the relevant local educational agencies;
(iii)define the role
of the Coordinator for Education of Homeless Children and Youths in resolving
disputes under this subtitle appealed to the State educational agency;
(iv)include
procedures to resolve promptly disputes under this subtitle between local
educational agencies;
(v)ensure that
homeless children and youths are enrolled in school pursuant to paragraph
(3)(E) and receive transportation pursuant to subparagraph (J)(iii) pending
final resolution of disputes, including resolution through all available local
and State dispute resolution procedures and pending legal actions, paying
particular attention to ensuring enrollment in cases of disputes between local
educational agencies; and
(vi)include
procedures for State educational agencies or local educational agencies to
determine the need for, and ensure the delivery of, additional academic support
in cases in which a local educational agency has unlawfully denied a student
access to school or school services, including transportation.
(D)A description of
programs for school and other local educational agency personnel (including the
liaisons, principals, attendance officers, teachers, enrollment personnel, and
pupil services personnel) to heighten the awareness of such personnel of the
specific needs of homeless adolescents, including runaway and homeless
youths.
(E)A description of
procedures that ensure that homeless children and youths are able to
participate in Federal, State, or local nutrition programs.
(F)A description of
procedures that ensure that—
(i)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 (7);
(ii)homeless youths,
including youths separated from public schools, are identified and accorded
access to appropriate secondary education and related support services,
including through the implementation of policies and practices to ensure that
such youths are—
(I)able to receive
credit for full or partial coursework satisfactorily completed while attending
a prior school;
(II)are afforded
opportunities to recover credits lost during periods of homelessness;
and
(III)are not
penalized for absences related to homelessness and are allowed to receive
credit for work completed after their enrollment; and
(iii)homeless
children and youths who meet the relevant eligibility criteria have access to
magnet school, summer school, vocational and technical education, advanced
placement, online learning opportunities, and charter school programs.
(G)Strategies to
address problems identified in the reports provided to the Secretary under
subsection (f)(3).
(H)Strategies to
address other problems with respect to the education of homeless children and
youths, including enrollment problems related to—
(i)immunization and
other required health records and screenings;
(ii)residency
requirements;
(iii)lack of birth
certificates, school records, or other documentation;
(iv)guardianship
issues; or
(v)uniform or dress
code requirements.
(I)A demonstration
that the State educational agency, and local educational agencies and schools
in the State, regularly review and revise their policies and practices to
remove barriers to the identification, enrollment, attendance, retention, and
success of homeless children and youths in schools, including in early care and
education programs, in the State.
(J)Assurances that
the following will be carried out:
(i)Prevention of
stigmas and segregationThe State educational agency and local
educational agencies in the State will adopt policies and practices to ensure
that homeless children and youths are not stigmatized or segregated on the
basis of their status as homeless.
(ii)Local
educational agencies will designate a staff person as the local educational
agency liaison for homeless children and youths, who shall have sufficient
training, resources, and time to carry out the duties described in paragraph
(6), and who may also be a coordinator for other Federal programs.
(iii)Provision of
transportationThe State and local educational agencies will
adopt policies and practices to ensure that transportation is provided
expeditiously, 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
(as defined in paragraph (3)(J)), for as long as the student has the right to
attend the school of origin as determined in paragraph (3)(A), in accordance
with the following, as applicable:
(I)Within one
local educational agencyIf 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.
(II)Involving more
than one local educational agencyIf 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 share equally the cost and responsibility for providing transportation to
and from the school of origin unless the agencies agree upon another method to
apportion cost and responsibility, or the State educational agency has devised
another method to apportion cost and responsibility among local educational
agencies.
(iv)The State educational agency and local educational
agencies will adopt policies and practices to promote school success for
homeless children and youths, including by—
(I)ensuring that
homeless children and youths have opportunities to meet the same challenging
State student academic achievement standards to which other students are
held;
(II)ensuring that
homeless children and youths are able to participate fully in all classes and
school activities, including extracurricular activities, athletic activities
for which they meet skill level requirements, before and after school programs,
summer school programs, field trips, classes, tests, and activities with fees,
services provided under title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.) and similar State and local programs, and
other activities made available to nonhomeless students; and
(III)ensuring that
such policies and practices remove barriers to participation related to fees,
credit accrual policies, lack of guardianship, lack of transportation,
enrollment and participation deadlines, and residency requirements.
(2)
(A)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 (7).
(B)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).
(3)Local
educational agency requirements
(A)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—
(i)continue the
child's or youth's education in the school of origin for the duration of
homelessness—
(I)in any case in
which the child or youth becomes a homeless child or youth between academic
years or during an academic year; and
(II)for the
remainder of the academic year, if the child or youth becomes permanently
housed during an academic year; or
(ii)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.
(B)To promote the school stability of the child or youth,
and in determining the best interest of the child or youth under subparagraph
(A), the local educational agency shall—
(i)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 wishes of the child's or
youth's parent or guardian, or the unaccompanied youth;
(ii)consider
student-centered factors related to the child's or youth's best interest,
giving priority to the wishes of the parent, guardian, or unaccompanied youth,
including—
(I)the harmful
impact of school mobility on academic achievement and social and emotional
well-being;
(II)the age of the
child or youth;
(III)the impact any
commute may have on the child's or youth's education;
(IV)personal safety
issues;
(V)the child's or
youth's need for special instruction, including special education and related
services;
(VI)the length of
anticipated stay in a temporary shelter or other temporary location;
(VII)the time
remaining in the school year; and
(VIII)the school
placement of family members;
(iii)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 the child’s or youth’s parent or
guardian or the unaccompanied youth with a written explanation of the reasons
for its determination, in a manner and form understandable to such parent,
guardian, or youth, including information regarding the right to appeal
described in subparagraph (E);
(iv)in the case of
an unaccompanied youth, ensure that the liaison designated under paragraph
(1)(J)(ii) 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 described in subparagraph
(E); and
(v)provide
transportation pursuant to paragraphs (1)(J)(iii) and (4).
(C)
(i)The school selected in accordance with this paragraph
shall immediately enroll the homeless child or youth, even if the child or
youth—
(I)is unable to
produce records normally required for enrollment, including previous academic
records, records of immunizations and health screenings and other required
health records, proof of residency or guardianship, or other
documentation;
(II)has unpaid fines
or fees from prior schools or is unable to pay fees in the school selected;
or
(III)has missed
application or enrollment deadlines during any period of homelessness.
(ii)Relevant
academic recordsThe enrolling school shall immediately contact
the school last attended by the child or youth to obtain relevant academic and
other records.
(iii)If the child or youth needs to obtain
immunizations or health screenings, or immunization or other required health
records, the enrolling school shall immediately enroll the child or youth and
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).
(iv)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.
(D)
(i)Any record ordinarily kept by the school, including
records of immunizations and health screenings and other required health
records, academic records, birth certificates, guardianship records, and
evaluations for special services or programs, regarding each homeless child or
youth shall be—
(I)maintained so
that the records involved are available, in a timely fashion, when a homeless
child or youth enters a new school or school district;
(II)immediately sent
to the enrolling school, even if the child or youth owes fees or fines or was
not withdrawn from the previous school in conformance with local withdrawal
procedures; and
(III)maintained in a
manner consistent with section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
(ii)School
records needed for academic placement decisions shall be released immediately
by the previous school by facsimile transmission or other available electronic
means.
(E)If
a dispute arises over eligibility for services, school selection, enrollment in
a school, or any other issue under this subtitle—
(i)the child or
youth involved shall be immediately enrolled in the school in which enrollment
is sought, pending final resolution of the dispute, including all available
appeals;
(ii)the parent,
guardian, or unaccompanied youth involved shall be provided with written
explanations of any decisions made by the school, the local educational agency,
or the State educational agency involved, which shall include information about
the right to appeal such decisions;
(iii)the parent,
guardian, or unaccompanied youth 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
(iv)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.
(F)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.
(G)Nothing in this subtitle shall prohibit a local
educational agency from requiring a parent or guardian of a homeless child to
submit contact information.
(H)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 youths who are survivors of domestic violence and unaccompanied
youths.
(I)The school selected in accordance with this paragraph
shall ensure that homeless children and youths have opportunities to meet the
same challenging State student academic achievement standards to which other
students are held, including implementing the policies and practices required
by paragraph (1)(J)(iv).
(J)In this paragraph:
(i)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.
(ii)When the 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 all feeder schools.
(4)In addition to receiving services provided for homeless
children and youths 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 (3),
including the following:
(A)Transportation
services.
(B)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.) or services of similar State or local
programs, charter schools, magnet schools, educational programs for children
with disabilities, and educational programs for students with limited English
proficiency.
(C)Programs in
vocational and technical education.
(D)Programs for
gifted and talented students.
(E)School nutrition
programs.
(5)
(A)Each local educational agency shall coordinate—
(i)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 youths and their families, including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) or provided by other
agencies serving unaccompanied youths, public and private child welfare
agencies, Head Start centers and local entities administering State-funded
preschool programs, and agencies providing mental health services;
(ii)transportation,
transfer of school records, and other interdistrict activities, with other
local educational agencies;
(iii)the provision
of services under this subtitle with the provision of other education programs,
including programs provided under titles I, III, and IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et seq., and 7101
et seq.) and similar State and local programs, programs in vocational and
technical education, truancy and dropout prevention programs, before and after
school programs, summer school programs, programs provided for students with
disabilities, students with limited English proficiency, and gifted and
talented students, and local educational agency transportation services;
and
(iv)activities,
planning, and initiatives with State and local agencies and organizations
providing emergency, transitional, and permanent housing and other services to
homeless families and unaccompanied youths, including developing and
implementing strategies to minimize educational disruption for children and
youths who become homeless.
(B)The coordination required under subparagraph (A) shall be
designed to—
(i)ensure that all
homeless children and youths are promptly identified;
(ii)ensure that
homeless children and youths have access to and are in reasonable proximity to
available education and related support services;
(iii)decrease school
mobility and ensure that agencies placing homeless children and youth in
housing and agencies providing housing and other services consider the
proximity of housing and services to a child or youth's school of origin (as
defined in paragraph (3)(J)); and
(iv)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.
(C)Homeless
children and youths with disabilities
(i)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 that local educational agency and other involved local
educational agencies.
(ii)Cost and
responsibility for individuals with disabilitiesSuch
coordination shall include the following:
(I)Each
local educational agency shall adopt policies and practices to apportion the
cost and responsibility for providing transportation to children and youths
entitled to transportation services under both paragraph (1)(J)(iii) and 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).
(II)Public or
private educational program
- (aa)Except as provided in item (bb), if a local educational
agency has placed a child or youth in a private educational program, or in a
public educational program outside the area served by that local educational
agency, under section 614(d)(1)(A) of the Individuals with Disabilities
Education Act (20 U.S.C. 1414(d)(1)(A)), and though moving to an area served by
another local educational agency, the homeless child or youth is to remain in
that educational program as the child's or youth's school of origin (as defined
in paragraph (3)(J)) under subparagraphs (A) and (B) of paragraph (3), the
local educational agency that made the placement shall continue payments for
the placement.
- (bb)Item
(aa) shall apply unless the local educational agency that made the placement
and the local educational agency in the area where the student is temporarily
residing agree upon another method to apportion the cost, or the State
educational agency involved has devised another method to apportion cost and
responsibility among local educational agencies.
(6)Local
educational agency liaison
(A)Each
local educational agency liaison for homeless children and youths, designated
under paragraph (1)(J)(ii), shall ensure that—
(i)all homeless
children and youths are identified by school personnel and through outreach and
coordination activities with other entities and agencies, including through
such measures as inquiries concerning housing status on school registration
forms and on withdrawal or exit forms;
(ii)homeless
children and youths are immediately enrolled in, and have a full and equal
opportunity to succeed in, schools of that local educational agency;
(iii)homeless
families, and homeless children and youths, have access to educational services
for which such families, children, and youths are eligible, including services
through Head Start, Early Head Start, early intervention, and Even Start
programs, and preschool programs described in paragraph (7)(A);
(iv)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;
(v)homeless children
and youths are immediately certified 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.);
(vi)the parents or
guardians of homeless children and youths are informed of the educational and
related opportunities available to their children, including early care and
education opportunities, and are provided with meaningful opportunities to
participate in the education of their children;
(vii)public notice
of the educational rights of homeless children and youths 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 youths, and unaccompanied youths, including schools, shelters,
public libraries, and soup kitchens, in a manner and form understandable to
parents and guardians of homeless children and youths and unaccompanied
youths;
(viii)disputes are
resolved in accordance with paragraph (3)(E);
(ix)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 (3)(A);
(x)school personnel
are adequately prepared to implement this subtitle and receive professional
development, resource materials, technical assistance, and other support;
and
(xi)unaccompanied
youths—
(I)are enrolled in
school;
(II)have
opportunities to meet the same challenging 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
(III)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).
(B)State
Coordinators appointed under subsection (d)(3) and local educational agencies
shall inform school personnel, service providers, and advocates working with
homeless families and homeless children and youths 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.
(C)Local and State
coordinationThe 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 youths. 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).
(D)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).
(7)School
readiness for homeless children
(A)State and local
educational agenciesEach State educational agency and local
educational agency shall ensure that entities carrying out preschool programs
funded, administered, or overseen by the agency involved—
(i)comply with
paragraphs (3) and (4), except that in the absence of contrary State law or
policy, such entities shall not be required to enroll a homeless child
immediately in an early care and education program that is operating at full
capacity when the child seeks to enroll;
(ii)identify and
prioritize homeless children for enrollment and increase their enrollment and
attendance in early care and education programs, including through policies
such as—
(I)reserving spaces
in preschool programs for homeless children;
(II)conducting
targeted outreach to homeless children and their families;
(III)waiving
application deadlines;
(IV)providing
ongoing professional development for staff regarding the needs of homeless
children and their families and strategies to serve the children and families;
and
(V)developing the
capacity to serve all identified homeless children; and
(iii)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), and develop policies and practices to meet identified
needs.
(B)In the case of State-funded early care and education
programs that are not funded, administered, or overseen by the State
educational agency or a local educational agency, the State agency that funds,
administers, or oversees such early care and education programs shall—
(i)develop, review,
and revise its policies and practices to remove barriers to the identification,
enrollment, attendance, retention, and success of homeless children for or in
early learning programs funded, administered, or overseen by the agency;
(ii)ensure that the
entities comply with the provisions of paragraph (3) and (4) except that such
entities, with respect to such programs—
(I)shall not be
required to enroll a homeless child immediately in a preschool program that is
operating at full capacity when the child seeks to enroll, in the absence of
contrary State law or policy;
(II)shall not be
subject to the dispute resolution procedures of the State educational agency or
local educational agencies, but shall ensure that all of the dispute resolution
procedures available through such programs and the State agency that funds,
administers, or oversees such programs are accessible to parents and guardians
of homeless children and shall provide such parents and guardians with a
written explanation of their dispute and appeal rights; and
(III)shall not be
subject to the transportation requirements of paragraphs (1)(J)(iii) or
(3)(B)(v), but shall remove barriers to transportation services for homeless
children and shall, to the maximum extent practicable, arrange or provide
transportation for homeless children to attend preschool programs, including
their preschool program of origin;
(iii)identify and
prioritize homeless children for enrollment and increase their enrollment and
attendance in preschool programs, including through policies such as—
(I)reserving spaces
in preschool programs for homeless children;
(II)conducting
targeted outreach to homeless children and their families;
(III)waiving
application deadlines;
(IV)providing
ongoing professional development for staff regarding the needs of homeless
children and their families and strategies to serve the children and families;
and
(V)develop capacity
to serve all identified homeless children; and
(iv)review the
educational and related needs of homeless children and their families in the
State, in coordination with the Office of the Coordinator for Education of
Homeless Children and Youths established under subsection (d)(3), and develop
policies and practices to meet identified needs.
(h)Prohibition on
segregating homeless children and youths
(1)In providing a free appropriate 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.
(2)Transition from
segregated schools in formerly covered countiesTo ensure a
smooth, rapid, and complete transition for all homeless children and youths
from segregated to nonsegregated schools or programs, in formerly covered
counties, each local educational agency that serves such a covered county
shall—
(A)coordinate
activities with those segregated schools and schools with segregated programs
located in formerly covered counties, to identify each homeless child and youth
enrolled in such schools and programs;
(B)for each homeless
child and youth so identified, determine if the child or youth has a school of
origin (as defined in subsection (g)(3)(J)) and either—
(i)immediately
enroll the child or youth in the school of origin if it is in the child's or
youth's best interest in accordance with this subtitle and consistent with the
wishes of the parent, guardian, or unaccompanied youth involved, and provide
transportation to and from the school of origin; or
(ii)immediately
enroll the child or youth in any nonsegregated public school if enrollment in
the school of origin is not in the child's or youth's best interest in
accordance with this subtitle or is against the wishes of the parent, guardian,
or unaccompanied youth;
(C)provide the
parent, guardian, or unaccompanied youth with information about the dispute
resolution process available under this subtitle;
(D)ensure that each
homeless child or youth receives the full protections and services provided by
this subtitle; and
(E)implement other
policies and practices necessary to ensure a smooth, rapid, and complete
integration of the children and youths into the public schools of the local
educational agency.
(3)Role of State
educational agency in transitionThe State educational agencies
of California and Arizona shall provide technical assistance to the local
educational agencies in the State that serve formerly covered counties to
ensure the requirements of paragraph (2) are met.
(4)Not later than the end of the academic year in which the
Educational Success for Children and Youth
Without Homes Act of 2013 is enacted, the transition referred to
in paragraph (2) shall be complete.
(i)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
subsection (g)(3) to be made solely by the parent, guardian, or youth
involved.
723.Local
educational agency subgrants for the education of homeless children and
youths
(a)
(1)The State educational agency shall, in accordance with
section 722(e), and from amounts made available to such agency under section
727(a), make subgrants to local educational agencies for the purpose of
facilitating the identification, enrollment, attendance, and success in school
of homeless children and youths.
(2)
(A)Services under paragraph (1)—
(i)may be provided
through programs on school grounds or at other facilities; and
(ii)shall, to the
maximum extent practicable, be provided through existing programs and
mechanisms that integrate homeless children and youths with nonhomeless
children and youths.
(B)Services on
school groundsIf services under paragraph (1) are provided to
homeless children and youths on school grounds, the school involved may use
funds under this subtitle to provide the same services to other children and
youths who are determined by the local educational agency serving the school to
be at risk of failing in, or dropping out of, school.
(3)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.
(4)Subgrants awarded under this section shall be for terms of
not to exceed 3 years.
(b)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:
(1)An assessment of
the educational and related needs of homeless children and youths in the area
served by the local educational agency (which may be undertaken as part of a
needs assessment for another disadvantaged group).
(2)A description of
the services and programs for which assistance is sought to address the needs
identified in paragraph (1).
(3)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.
(4)An assurance that
the applicant complies with, or will use requested funds to comply with,
paragraphs (3) through (7) of section 722(g).
(5)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 youths.
(6)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).
(7)A description of
the policies and practices the local educational agency has implemented to
remove barriers to the identification, enrollment, attendance, retention, and
success in school of all homeless children and youths.
(c)
(1)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.
(2)
(A)In determining need under paragraph (1), the State
educational agency may consider the number of homeless children and youths
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 youths and the ability of the local educational agency to
meet such needs.
(B)The State educational agency may also consider the
following:
(i)The extent to
which the proposed use of funds will facilitate the identification, enrollment,
attendance, retention, and educational success of homeless children and
youths.
(ii)The extent to
which the application reflects coordination with other local and State agencies
that serve homeless children and youths.
(iii)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 youths.
(iv)Such other
criteria as the State agency determines to be appropriate.
(3)In
determining the quality of applications under paragraph (1), the State
educational agency shall consider each of the following:
(A)The applicant's
needs assessment under subsection (b)(2) and the likelihood that the program
presented in the application will meet such needs.
(B)The types,
intensity, and coordination of the services to be provided under the
program.
(C)The extent to
which the applicant will promote meaningful involvement of parents or guardians
of homeless children or youths in the education of their children.
(D)The extent to
which homeless children and youths will be integrated into the regular
education program involved.
(E)The quality of
the applicant's evaluation plan for the program.
(F)The extent to
which services provided under this subtitle will be coordinated with other
services available to homeless children and youths and their families,
including housing and child welfare 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.
(G)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.
(H)The local
educational agency’s use of funds to serve homeless children and youths under
section 1113(c)(3) of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6313(c)(3)).
(I)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.
(J)The extent to
which the application describes how the applicant will meet the requirements of
section 722(g)(3).
(d)A local educational agency may use funds awarded under
this section for activities that carry out the purpose of this subtitle,
including the following:
(1)The provision of
tutoring, supplemental instruction, and enriched educational services that are
linked to the achievement of the same challenging State academic content
standards and challenging State student academic achievement standards as the
State establishes for other children and youths.
(2)The provision of
expedited evaluations of the strengths, needs, and eligibility of homeless
children and youths, 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, and programs in vocational and technical
education, and school nutrition programs).
(3)Professional
development and other activities for educators and pupil services personnel
that are designed to heighten the understanding and sensitivity of such
educators and personnel to the needs of homeless children and youths, the
rights of such children and youths under this subtitle, and the specific
educational needs of runaway and homeless youths.
(4)The provision of
referral services to homeless children and youths for medical, dental, mental,
and other health services.
(5)The provision of
assistance to defray the cost of transportation under paragraphs (1)(J)(iii)
and (4)(A) of section 722(g), and transportation to preschool programs, not
otherwise provided through Federal, State, or local funding.
(6)The provision of
developmentally appropriate early childhood development programs, not otherwise
provided through Federal, State, or local funding.
(7)The provision of
services and assistance to attract, engage, and retain homeless children and
youths, particularly homeless children and youths who are not enrolled in
school, in public school programs and services provided to nonhomeless children
and youths.
(8)The provision for
homeless children and youths 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.
(9)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 youths in school or preschool programs, including birth
certificates, immunization or other required health records, academic records,
guardianship records, and evaluations for special programs or services.
(10)The provision of
education and training to the parents of homeless children and youths about the
rights of, and resources available to, such children and youths, and other
activities designed to increase the meaningful involvement of parents or
guardians of homeless children or youths in the education of their
children.
(11)The development
of coordination of activities between schools and agencies providing services
to homeless children and youths, as described in section 722(g)(5).
(12)The provision of
pupil services (including counseling) and referrals for such services.
(13)Activities to
address the particular needs of homeless children and youths that may arise
from domestic violence and parental mental health or substance abuse
problems.
(14)The adaptation
of space and purchase of supplies for any nonschool facilities made available
under subsection (a)(2) to provide services under this subsection.
(15)The provision of
school supplies, including supplies to be distributed at shelters or temporary
housing facilities, or other appropriate locations.
(16)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.
(17)The provision of
other extraordinary or emergency assistance needed to enable homeless children
and youths to enroll, attend, and succeed in school or preschool
programs.
724.Secretarial
responsibilities
(a)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 youths relating to access to education and placement as described in such
plan.
(b)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 shall 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.
(c)
(1)The Secretary shall, before the next school year that
begins after the date of enactment of the Educational Success for Children and Youth Without Homes
Act of 2013, develop and disseminate a public notice of the
educational rights of homeless children and youths. The notice shall include
information regarding the definition of homeless children and youths in section
726.
(2)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 program grantees, 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.
(d)Evaluation and
dissemination
(1)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(a) to award
grants to, or enter into contracts or cooperative agreements with, eligible
entities to enable the eligible entities to carry out such activities.
(2)The
Secretary, in awarding such grant, or entering into such contract or
cooperative agreement, may, without regard to the rulemaking procedures under
section 553 of title 5, United States Code, limit competitions to, or otherwise
give priority to, entities with—
(A)demonstrated
experience in dissemination and technical assistance activities, including
using the Internet and other state-of-the-art technology for efficient and
cost-effective dissemination of information and technical assistance;
(B)demonstrated
experience in the areas of homelessness, serving at-risk youth, and education;
and
(C)established
networks, and a history of collaboration, among State educational agencies,
local educational agencies, and national organizations that provide services to
homeless children and youths, and homeless families.
(e)Submission and
distributionThe 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.
(f)Determination
by SecretaryThe 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.
(g)The
Secretary shall develop, issue, and publish in the Federal Register, not later
than 90 days after the date of enactment of the
Educational Success for Children and Youth
Without Homes Act of 2013, a summary of the changes enacted by
that Act and related strategies, which summary shall include—
(1)strategies by
which a State can assist local educational agencies to implement the provisions
amended by the Act;
(2)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 youths in school; and
(3)strategies by
which entities carrying out preschool programs can implement requirements of
section 722(g)(7).
(h)
(1)From funds appropriated under section 727(a), the
Secretary shall, directly or through grants, contracts, or cooperative
agreements, periodically but no less frequently than every 2 years, collect and
disseminate publicly data and information regarding—
(A)the number of
homeless children and youths in all areas served by local educational agencies,
including homeless children enrolled in preschool programs described in section
722(g)(7)(A) and the type of living situation in which such children and youth
are living when identified;
(B)the education and
related support services such children and youths receive;
(C)the extent to
which the needs of homeless children and youths are being met;
(D)the academic
progress being made by homeless children and youths, including the percent or
number of homeless children and youths participating in State assessments;
and
(E)such other data
and information as the Secretary determines to be necessary and relevant to
carry out this subtitle.
(2)The
Secretary shall coordinate such collection and dissemination with other
agencies and entities that receive assistance and administer programs under
this subtitle.
(i)Not
later than 4 years after the date of enactment of the
Educational Success for Children and Youth
Without Homes Act of 2013, the Secretary shall prepare and submit
to the President and the Committee on Education and Labor 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 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.
725.Emergency
Disaster Grants
(a)The Secretary shall
distribute emergency disaster grants to eligible local educational agencies
described in subsection (b), directly or through the Office of the Coordinator
for Education of Homeless Children and Youths in the State educational agency,
in order to increase the capacity for such local educational agencies to
respond to major disasters.
(b)
(1)
(A)Local
educational agency eligibilityA local educational agency shall
be eligible to receive emergency disaster grant funds under this section, based
on demonstrated need, if such local educational agency's enrollment of homeless
children and youth has increased as a result of hurricanes, floods, and other
natural disasters for which the President declared a major disaster under title
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of
1974 (42 U.S.C. 5170 et seq.).
(B)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 emergency disaster grant funds under this section
if there are one or more eligible local educational agencies, as described in
subparagraph (A), located within the State.
(2)In
order for an eligible State or an eligible local educational agency, as the
case may be, to receive a grant under subsection (a), 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.
(c)The Secretary shall
distribute emergency disaster grant funds—
(1)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 hurricanes, floods, or other natural disasters 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.);
(2)expeditiously, and in no case later than 75
days after such funds are appropriated to the Secretary; and
(3)in a manner that enables local educational
agencies to use such funds for the immediate needs of disaster response and
ongoing disaster recovery.
(d)The Secretary shall distribute grants under this section
in amounts determined by the Secretary and related to the increase in
enrollment of homeless children and youths as a result of a major
disaster.
(e)Local educational
agencies shall use emergency disaster grant funds under this section to carry
out the activities described in section 723(d).
726.In this subtitle:
(1)The terms enroll and
enrollment include attending classes and participating fully in
school activities.
(2)Formerly
covered countiesThe term formerly covered counties
means, with respect to California, San Joaquin County, Orange County, and San
Diego County, and with respect to Arizona, Maricopa County.
(3)Homeless
children and youthsThe term homeless children and
youths—
(A)means individuals
who lack a fixed, regular, and adequate nighttime residence (within the meaning
of section 103(a)(1)); and
(B)includes—
(i)children and
youths who—
(I)are sharing the
housing of other persons due to loss of housing, economic hardship, or a
similar reason;
(II)are living in
motels, hotels, trailer parks, or camping grounds due to the lack of
alternative adequate accommodations;
(III)are living in
emergency or transitional shelters;
(IV)are abandoned in
hospitals; or
(V)are awaiting
foster care placement;
(ii)children and
youths 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));
(iii)children and
youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
(iv)migratory
children (as such term is defined in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399)) who qualify as homeless for
the purposes of this subtitle because the children are living in circumstances
described in clauses (i) through (iii).
(4)The terms include and
including mean that the items named are not all of the possible
items that are covered, whether like or unlike the items named.
(5)Local
educational agency; state educational agencyThe 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).
(6)The
term Secretary means the Secretary of Education.
(7)The
term State means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(8)The term unaccompanied youth means a homeless
child or youth not in the physical custody of a parent or legal
guardian.
727.Authorization
of appropriations
(a)For the purpose of carrying out this subtitle, other than
section 725, there are authorized to be appropriated to the Secretary
$300,000,000 for fiscal year 2014 and such sums as may be necessary for each of
fiscal years 2015 through 2020.
(b)Emergency
Disaster GrantsIn addition to sums authorized under subsection
(a), there are authorized to be appropriated to the Secretary to carry out
section 725 such additional sums as may be
necessary.
.
3.The Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended—
(1)in section 1111
(20 U.S.C. 6311)—
(A)in subsection
(b)(2), by adding at the end the following:
(L)Accountability
for homeless children and youthsThe 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
(B)in subsection
(c)—
(i)in
paragraph (13), by striking and
after the semicolon;
(ii)in
paragraph (14), by striking the period at the end and inserting ;
and
; and
(iii)by adding at
the end the following:
(15)the State will
ensure that the requirements of subtitle B of title VII of the McKinney-Vento
Homeless Assistance Act are
satisfied.
;
(2)in section 1112
(20 U.S.C. 6312)—
(A)by striking
subsection (b)(1)(O) and inserting the following:
(O)a description
of—
(i)how the local
educational agency will ensure the enrollment, attendance, and success of
homeless children and youths;
(ii)the services the
local educational agency will provide homeless children and youths, including
services provided with funds reserved under section 1113(c)(3);
(iii)the amount of
funds reserved under section 1113(c)(3);
(iv)the needs
assessment conducted to determine the amount of funds reserved under section
1113(c)(3);
(v)how the amount of
funds reserved under section 1113(c)(3) was determined and the amount of funds'
relation to the needs assessment;
(vi)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
(vii)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
(B)in subsection
(c)(1)—
(i)in
subparagraph (N), by striking and
after the semicolon;
(ii)in
subparagraph (O), by striking the period at the end and inserting ;
and
; and
(iii)by adding at
the end the following new subparagraph:
(P)comply with the
requirements of subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act that relate to the local educational
agency.
;
(3)by striking
section 1113(c)(3) (20 U.S.C. 6313(c)(3)) and inserting the following:
(3)
(A)
(i)Funds for
homeless children and youthsA 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.
(ii)Homeless
children and youthsIn this paragraph, the term homeless
children and youths has the meaning given the term in section 726 of the
McKinney-Vento Homeless Assistance Act.
(B)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—
(i)providing funding
for the liaison designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act;
(ii)providing
transportation pursuant to section 722(g)(1)(J)(iii) of such Act;
(iii)providing
services to preschool-aged homeless children and homeless secondary school
students;
(iv)providing
support services to homeless children and youths in shelters and other
locations where they may live; and
(v)removing barriers
to homeless children and youths' enrollment, attendance, retention, and success
in school.
(C)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:
(i)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).
(ii)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.
(iii)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.
(iv)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.
(v)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.
(vi)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.
(vii)Strategies to
improve or maintain academic achievement and high school graduation rates for
homeless children and youths in the local educational agency.
(D)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.
(E)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—
(i)children in local
institutions for neglected children; and
(ii)if appropriate,
children in local institutions for delinquent children, and neglected or
delinquent children in community day school
programs.
;
(4)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
;
(5)by striking
section 1115(b)(2)(E) (20 U.S.C. 6315(b)(2)(E)) and inserting the
following:
(E)Homeless
children and youthsA 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.
;
(6)in section
1118(a)(2)(E) (20 U.S.C. 6318(a)(2)(E)), by inserting are
homeless,
before are disabled
;
(7)in section
1118(f) (20 U.S.C. 6318(f)), by inserting parents of homeless
children,
before and parents of migratory
children
;
(8)by striking
section 1821(1) (20 U.S.C. 6561(1)) and inserting the following:
(1)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.
;
(9)in section
1822(b)(1) (20 U.S.C. 6561a(b)(1))—
(A)by amending
subparagraph (H) to read as follows:
(H)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;
;
(B)in subparagraph
(I), by striking and
after the semicolon;
(C)in subparagraph
(J), by striking the period at the end and inserting ; and
;
and
(D)by adding at the
end the following:
(K)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.
;
(10)in section
1823(b)(1) (20 U.S.C. 6561b(b)(1))—
(A)in subparagraph
(F), by striking and
after the semicolon;
(B)in subparagraph
(G), by striking the period at the end and inserting ; and
;
and
(C)by adding at the
end the following new subparagraph:
(H)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.
;
(11)in section
1825(1) (20 U.S.C. 6561d(1))—
(A)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
(B)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
;
(12)in section
4203(a) (20 U.S.C. 7173(a))—
(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
;
(B)in paragraph
(13)(B), by striking and
after the semicolon;
(C)in paragraph
(14), by striking the period at the end and inserting ; and
;
and
(D)by adding at the
end the following:
(15)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
(13)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
.