[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 623 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 623

        To provide funds to assist homeless children and youth.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2001

  Mrs. Biggert (for herself, Mr. Ose, and Mr. Fattah) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committee on Financial Services, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
        To provide funds to assist homeless children and youth.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``McKinney-Vento Homeless Education 
Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) An estimated 1,000,000 children in the United States 
        will experience homelessness this year.
            (2) Homelessness has a devastating impact on the 
        educational opportunities of children and youth; homeless 
        children go hungry at more than twice the rate of other 
        children; have 4 times the rate of delayed development; and are 
        twice as likely to repeat a grade.
            (3) Despite steady progress in school enrollment and 
        attendance resulting from the passage in 1987 of the Stewart B. 
        McKinney Homeless Assistance Act, homeless students still face 
        numerous barriers to education, including residency, 
        guardianship and registration requirements, as well as delays 
        in the transfer of school records, and inadequate 
        transportation service.
            (4) Homeless youth face unique barriers in accessing 
        education through the secondary level, particularly in 
        instances where they have become separated from the public 
        school system.
            (5) Homeless preschool age children, who may benefit most 
        dramatically from early childhood services, are often 
        overlooked.
            (6) School is one of the few secure factors in the lives of 
        homeless children and youth, providing stability, structure, 
        and accomplishment during a time of great upheaval.
            (7) Homeless children and youth require educational 
        stability and the opportunity to maintain regular consistent 
        attendance in school so that they acquire the skills necessary 
        to escape poverty and lead productive, healthy lives as adults.
            (8) In the 14 years since the passage of the McKinney Act, 
        educators and service providers have learned much about 
        policies and practices which help remove the barriers 
        described.

SEC. 3. PURPOSE.

    The purpose of this title is to reauthorize and strengthen subtitle 
B of title VI of the McKinney-Vento Homeless Assistance Act by amending 
it--
            (1) to include innovative practices, such as those enacted 
        in Illinois, proven to be effective in helping homeless 
        children and youth enroll, attend, and succeed in school; and
            (2) to ensure that all children and youth impacted by the 
        loss of fixed, regular, and adequate housing receive a quality 
        education and secure their chance for a brighter future.

SEC. 4. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

    Subtitle B of title VI of the McKinney-Vento Homeless Assistance 
Act is amended to read as follows:

        ``Subtitle B--Education for Homeless Children and Youth

``SEC. 721. STATEMENT OF POLICY.

    ``It is the policy of the Congress that--
            ``(1) each State educational agency ensure that each child 
        of a homeless individual and each homeless youth has equal 
        access to the same free, appropriate public education, 
        including a public preschool education, as provided to other 
        children and youth;
            ``(2) in any State that has a compulsory residency 
        requirement as a component of the State's compulsory school 
        attendance laws or other laws, regulations, practices, or 
        policies that may act as a barrier to the enrollment, 
        attendance, or success in school of homeless children and 
        youth, the State review and undertake steps to revise such 
        laws, regulations, practices, or policies to ensure that 
        homeless children and youth are afforded the same free, 
        appropriate public education as provided to other children and 
        youth;
            ``(3) homelessness alone is not sufficient reason to 
        separate students from the mainstream school environment; and
            ``(4) homeless children and youth must have access to the 
        education and other services need to ensure that such children 
        and youth have an opportunity to meet the same challenging 
        State student performance standards to which all students are 
        held.

``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTH.

    ``(a) General Authority.--The Secretary is authorized to make 
grants to States in accordance with the provisions of this section to 
enable such States to carry out the activities described in subsections 
(d), (e), (f), and (g).
    ``(b) Application.--No State may receive a grant under this section 
unless the State educational agency submits 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) In general.--Subject to paragraph (2) and section 
        724(d), from the amounts appropriated for  each fiscal year 
under section 726, 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 726 as the amount allocated under section 1122 of 
the Elementary and Secondary Education Act of 1965 to the State for 
that year bears to the total amount allocated under section 1122 to all 
States for that year, except that in any fiscal year no State shall 
receive less than $125,000 or one-half of 1 percent, whichever is 
greater.
            ``(2) Reservation.--(A) 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 Virgin Islands, Guam, American Samoa, and the Commonwealth 
        of the Northern Mariana Islands, according to their respective 
        need for assistance under this subtitle (as the subtitle was 
        then in effect), as determined by the Secretary.
            ``(B)(i) The Secretary is authorized to transfer one 
        percent of the amount appropriated for each fiscal year under 
        section 726 to the Department of the Interior 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, that are consistent with the 
        purposes of this subtitle.
            ``(ii) The Secretary 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 
        determines best meet the purposes of the programs described in 
        such clause. 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.
    ``(d) Activities.--Grants under this section shall be used--
            ``(1) to carry out the policies set forth in section 721 in 
        the State;
            ``(2) to provide activities for, and services to, homeless 
        children, including preschool aged children, and homeless youth 
        that enable such children and youth to enroll in, attend, and 
        succeed in school, or, if appropriate, in preschool programs;
            ``(3) to establish or designate an Office of the 
        Coordinator of Education of Homeless Children and Youth in the 
        State educational agency in accordance with subsection (f);
            ``(4) to prepare and carry out the State plan described in 
        subsection (g); and
            ``(5) to develop and implement professional development 
        programs for school personnel to heighten their awareness of, 
        and capacity to respond to, specific problems in the education 
        of homeless children and youth.
    ``(e) State and Local Grants.--
            ``(1) In general.--
                    ``(A) Distribution.--From the amount made available 
                each year to carry out this subtitle, the State 
                educational agency shall distribute not less than 75 
                percent of such amount in subgrants to local 
                educational agencies for the purposes of carrying out 
                section 723, except that a State that receives the 
                minimum amount described in subsection (c)(1) shall 
                distribute not less than 50 percent in subgrants to 
                local educational agencies for the purposes of carrying 
                out such section.
                    ``(B) State uses of funds.--A State educational 
                agency may use funds made available for State use under 
                this title to conduct activities under subsection (f) 
                directly or through grants.
            ``(2) Prohibition on segregating homeless students.--In 
        providing a free public education to a homeless child or youth, 
        no State receiving funds under this subtitle shall segregate 
        such child or youth, either in a separate school, or in a 
        separate program within a school, based on such child or 
        youth's status as homeless, except as provided in section 
        723(a)(2)(B)(ii).
    ``(f) Functions of the Office of Coordinator.--The Coordinator of 
Education of Homeless Children and Youth established in each State 
shall--
            ``(1) gather, to the extent possible, reliable, valid, and 
        comprehensive information on the nature and extent of the 
        problems homeless children and youth have in gaining access to 
        public preschool programs and to public elementary and 
        secondary schools, the difficulties in identifying the special 
        needs of such children and youth, any progress made by the 
        State educational agency and local educational agencies in the 
        State in addressing such problems and difficulties, and the 
        success of the program under this subtitle in allowing homeless 
        children and youth to enroll in, attend, and succeed in, 
        school;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect and transmit to the Secretary, information 
        gathered pursuant to paragraphs (1) and (2) at such time and in 
        such manner as the Secretary may require;
            ``(4) identify any schools or programs that segregate 
        students as prohibited in subsection (e)(2), provide technical 
        assistance and support to local educational agencies to assist 
        them in removing any barriers that may have resulted in the 
        operation of such segregated programs, and promptly integrate 
        homeless children and youth into the schools and programs 
        serving nonhomeless children and youth;
            ``(5) facilitate coordination between the State educational 
        agency, the State social services agency, and other agencies 
        providing services to homeless children and youth, including 
        homeless children and youth who are preschool age, and families 
        of such children and youth;
            ``(6) in order to improve the provision of comprehensive 
        education and related services to homeless children and youth 
        and their families, coordinate and collaborate with--
                    ``(A) educators, including child development and 
                preschool program personnel;
                    ``(B) providers of services to homeless and runaway 
                children and youth and homeless families (including 
                domestic violence agencies, shelter operators, 
                transitional housing facilities, runaway and homeless 
                youth centers, and transitional living programs for 
                homeless youth);
                    ``(C) local educational agency liaisons for 
                homeless children and youth; and
                    ``(D) community organizations and groups 
                representing homeless children and youth and their 
                families; and
            ``(7) provide technical assistance to local educational 
        agencies, in coordination with local liaisons established under 
        this subtitle, to ensure that local educational agencies comply 
        with the requirements of paragraphs (3) through (7) of 
        subsection (g).
    ``(g) State Plan.--
            ``(1) In general.--Each State shall submit to the Secretary 
        a plan to provide for the education of homeless children and 
        youth within the State, which plan shall describe how such 
        children and youth are  or will be given the opportunity to 
meet the same challenging State student performance standards all 
students are expected to meet, shall describe the procedures the State 
educational agency will use to identify such children and youth in the 
State and to assess their special needs, and shall--
                    ``(A) describe procedures for the prompt resolution 
                of disputes regarding the educational placement of 
                homeless children and youth;
                    ``(B) describe programs for school personnel 
                (including principals, attendance officers, teachers, 
                and enrollment personnel), to heighten the awareness of 
                such personnel of the specific needs of runaway and 
                homeless youth;
                    ``(C) describe procedures that ensure that homeless 
                children and youth who meet the relevant eligibility 
                criteria are able to participate in Federal, State, or 
                local food programs;
                    ``(D) describe procedures that ensure that--
                            ``(i) homeless children have equal access 
                        to the same public preschool programs, 
                        administered by the State agency, as provided 
                        to other children;
                            ``(ii) homeless youth, including 
                        unaccompanied youth, and youth separated from 
                        the public schools are identified and accorded 
                        equal access to appropriate secondary education 
                        and support services; and
                            ``(iii) homeless children and youth who 
                        meet the relevant eligibility criteria are able 
                        to participate in Federal, State, or local 
                        before- and after-school care programs;
                    ``(E) address problems set forth in the information 
                transmitted to the Secretary under subsection (f)(3);
                    ``(F) address other problems with respect to the 
                education of homeless children and youth, including 
                problems caused by--
                            ``(i) transportation issues; and
                            ``(ii) enrollment delays that are caused 
                        by--
                                    ``(I) immunization and health 
                                requirements;
                                    ``(II) residency requirements;
                                    ``(III) lack of birth certificates, 
                                school records, or other documentation;
                                    ``(IV) guardianship issues; or
                                    ``(V) uniform or dress code 
                                requirements.
                    ``(G) demonstrate that the State educational agency 
                and local educational agencies in the State have 
                developed, and shall review and revise, policies to 
                remove barriers to the enrollment and retention of 
                homeless children and youth in schools in the State; 
                and
                    ``(H) contain assurances that--
                            ``(i) the State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        homeless children and youth are not segregated 
                        or stigmatized on the basis of their status as 
                        homeless; and
                            ``(ii) such local educational agencies will 
                        designate an appropriate staff person, who may 
                        also be a coordinator for other Federal 
                        programs, as a liaison for homeless children 
                        and youth.
            ``(2) Compliance.--
                    ``(A) In general.--Each plan adopted under this 
                subsection shall also describe how the State will 
                ensure that local educational agencies throughout the 
                State will comply with the requirements of paragraphs 
                (3) through (7).
                    ``(B) Coordination.--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 liaisons established under 
                this subtitle.
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency of 
                each child and youth to be assisted under this subtitle 
                shall, according to the child's or youth's best 
                interests, either--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of the child's or youth's 
                        homelessness--
                                    ``(I) in any case in which a family 
                                becomes homeless between academic years 
                                or during the academic year; and
                                    ``(II) for the remainder of the 
                                academic year if the child becomes 
                                permanently housed during the academic 
                                year; or
                            ``(ii) enroll the child or youth in any 
                        school that nonhomeless students who live in 
                        the attendance area in which the child or youth 
                        is actually living are eligible to attend.
                    ``(B) Best interests.--In determining the best 
                interests of the child or youth under subparagraph (A), 
                the local educational agency shall--
                            ``(i) to the extent feasible, keep a 
                        homeless child or youth in the school of 
                        origin, except when doing so is contrary to the 
                        wishes of the child's or youth's parent or 
                        guardian, or, in the case of an unaccompanied 
                        youth, contrary to the youth's wish; and
                            ``(ii) provide a written explanation, 
                        including a statement regarding the right to 
                        appeal under subparagraph (E), to the homeless 
                        child or youth's parent or guardian (or, in the 
                        case of an unaccompanied youth, the youth) if 
                        the local educational agency sends such child 
                        or youth to a  school other than the school of 
origin or a school requested by the parent or guardian (or, in the case 
of an unaccompanied youth, the youth).
                    ``(C) Enrollment.--(i) The school selected in 
                accordance with this paragraph shall immediately enroll 
                (as defined in section 725(2)) 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, medical records, proof of 
                residency, or other documentation.
                    ``(ii) 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 
                immunization or health records, the enrolling school, 
                pursuant to paragraph (6), shall promptly refer the 
                child or youth to the liaison, who shall assist in 
                obtaining necessary immunizations, or immunization or 
                health records.
                    ``(D) Records.--Any record ordinarily kept by the 
                school, including immunization records, academic 
                records, birth certificates, guardianship records, and 
                evaluations for special services or programs, of each 
                homeless child or youth shall be maintained--
                            ``(i) so that the records are available, in 
                        a timely fashion, when a child or youth enters 
                        a new school or local educational agency; and
                            ``(ii) in a manner consistent with section 
                        444 of the General Education Provisions Act.
                    ``(E) Enrollment disputes.--If a dispute arises 
                over selection or enrollment in a school--
                            ``(i) the child or youth shall be admitted 
                        immediately to the school in which the parent 
                        or guardian (or, in the case of an 
                        unaccompanied youth, the youth) seeks 
                        enrollment, pending resolution of the dispute;
                            ``(ii) 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 the school's decision 
                        regarding school selection or enrollment, 
                        including rights of the parent, guardian, or 
                        youth to appeal the decision; and
                            ``(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        liaison, who shall carry out the State's 
                        grievance procedure as described in paragraph 
                        (1)(A) not later than 7 days after receiving 
                        notice of the dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parent, or has been 
                temporarily placed elsewhere.
                    ``(G) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child, or 
                a homeless youth, to submit contact information 
                required by the local educational agency of a parent or 
                guardian of a nonhomeless child.
                    ``(H) Definition.--For purposes of this paragraph, 
                the term ``school of origin'' means the school that the 
                child or youth attended when permanently housed, or the 
                school in which the child or youth was last enrolled.
            ``(4) Comparable services.--Each homeless child or youth to 
        be assisted under this subtitle shall be provided services 
        comparable to services offered to other students in the school 
        selected according to the provisions of paragraph (3), 
        including--
                    ``(A) transportation services;
                    ``(B) educational services for which the child or 
                youth meets the eligibility criteria, such as 
                educational programs for children with disabilities, 
                and educational programs for students with limited-
                English proficiency;
                    ``(C) programs in vocational education;
                    ``(D) programs for gifted and talented students; 
                and
                    ``(E) programs that provide meals to schools.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                that receives assistance under this subtitle shall 
                coordinate--
                            ``(i) the provision of services under this 
                        subtitle with local services agencies and other 
                        agencies or programs providing services to 
                        homeless children and youth and their families, 
                        including services and programs funded under 
                        the Runaway and Homeless Youth Act (42 U.S.C. 
                        5701 et seq.); and
                            ``(ii) with other local educational 
                        agencies on interdistrict issues, such as 
                        transportation or transfer of school records.
                    ``(B) Expedited assistance.--Coordination of 
                services under subparagraph (A) may include--
                            ``(i) developing and implementing methods 
                        for expediting assistance (such as food, 
                        clothing, shelter, housing, eviction 
                        prevention, and money) and services (such as 
                        medical care, mental health treatment, 
                        counseling, mentoring, day care, and 
                        recreational activities) to homeless children 
                        and youth and their families; and
                            ``(ii) when appropriate, developing 
                        agreements with other programs to make 
                        assistance and service to homeless students and 
                        their families a priority, and developing a 
                        network for the prompt dissemination of 
                        information regarding educational rights and 
                        opportunities, including existing  school 
programs and support services such as magnet, specialized and 
alternative school programs, open application periods to gain entry to 
these programs, tutoring, and special education and early intervention 
services that may be accessed by homeless students.
                    ``(C) Housing assistance.--
                            ``(i) In general.--If applicable, each 
                        State and local educational agency in a State 
                        that receives assistance under this subtitle 
                        shall coordinate with State and local housing 
                        agencies responsible for developing the 
                        comprehensive housing affordability strategy 
                        described in section 105 of the Cranston-
                        Gonzales National Affordable Housing Act (42 
                        U.S.C. 12705) to provide information regarding 
                        the impact and extent of homelessness on 
                        children and youth in the community, to ensure 
                        adequate planning, when feasible, to reduce the 
                        displacement of children and youth, and to 
                        minimize educational disruption for children 
                        and youth who become homeless.
                            ``(ii) Shelter.--Coordination of such 
                        housing options shall be undertaken 
                        specifically with agencies responsible for the 
                        planning, establishment, and funding of shelter 
                        for homeless families and youth to ensure that 
                        families and youth suffering the loss of 
                        housing can access shelter in reasonable 
                        proximity to the school of origin.
                    ``(D) Coordination purpose.--The coordination 
                required under subparagraphs (A), (B), and (C) shall be 
                designed--
                            ``(i) to ensure that homeless children and 
                        youth have access and reasonable proximity to 
                        available education and related support 
                        services; and
                            ``(ii) to 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.
            ``(6) Liaison.--
                    ``(A) Duties.--Each local liaison for homeless 
                children and youth, designated pursuant to paragraph 
                (1)(H)(ii), shall ensure that--
                            ``(i) homeless children and youth are 
                        identified by school personnel and through 
                        coordination activities with other entities and 
                        agencies;
                            ``(ii) homeless children and youth enroll 
                        in, and have a full and equal opportunity to 
                        succeed in, schools of that agency;
                            ``(iii) homeless families, children, and 
                        youth receive educational services for which 
                        such families, children, and youth are 
                        eligible, including Head Start and Even Start 
                        programs and preschool programs administered by 
                        the local educational agency, and referrals to 
                        health care services, dental services, mental 
                        health services, and other appropriate 
                        services;
                            ``(iv) the parent or guardian of a homeless 
                        child or youth, and any unaccompanied youth, is 
                        fully informed of the education and related 
                        opportunities available to the child or youth 
                        and that the parent or guardian is provided 
                        with meaningful opportunities to participate in 
                        the education of the child or youth;
                            ``(v) public notice of the educational 
                        rights of such children and youth is 
                        disseminated where such children and youth 
                        receive services under this Act (such as 
                        schools, shelters, and soup kitchens); and
                            ``(vi) enrollment disputes are mediated in 
                        accordance with paragraph (3)(E).
                    ``(B) Notice.--State coordinators, whose duties are 
                described under subsection (d), and local educational 
                agencies shall inform school personnel, service 
                providers, and advocates working with homeless families 
                of the duties of the liaisons.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youth shall, as a part of their duties, coordinate and 
                collaborate with State coordinators and community and 
                school personnel responsible for the provision of 
                education and related services to homeless children and 
                youth.
            ``(7) Review and revisions.--
                    ``(A) Review and revision of policies.--Each State 
                educational agency and local educational agency shall 
                review and revise any policies that may act as barriers 
                to the enrollment of homeless children and youth in 
                schools selected in accordance with paragraph (3).
                    ``(B) Consideration.--In reviewing and revising 
                such policies, consideration shall be given to issues 
                concerning transportation, immunization, residency, 
                birth certificates, school records, other 
                documentation, guardianship, and uniform or dress code 
                requirements.
                    ``(C) Special attention.--Special attention shall 
                be given to ensuring the enrollment and attendance of 
                homeless children and youth who are not currently 
                attending school.

``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTH.

    ``(a) General Authority.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with section 722(e) and from amounts made available 
        to such agency under section 722(c), make subgrants to local 
        educational agencies for the purpose of facilitating the 
        enrollment, attendance, and success in school of homeless 
        children and youth.
            ``(2) Services.--
                    ``(A) In general.--Services under paragraph (1)--
                            ``(i) may be provided through programs on 
                        school grounds or at other facilities;
                            ``(ii) shall, to the maximum extent 
                        practicable, be provided through existing 
                        programs and mechanisms that integrate homeless 
                        individuals with nonhomeless individuals; and
                            ``(iii) shall be designed to expand or 
                        improve services provided as part of a school's 
                        regular academic program, but not replace that 
                        program.
                    ``(B) Services on school grounds.--If services 
                under paragraph (1) are provided on school grounds, 
                schools--
                            ``(i) may use funds under this subtitle to 
                        provide the same services to other children and 
                        youth who are determined by the local 
                        educational agency to be at risk of failing in, 
                        or dropping out of, schools, subject to the 
                        requirements of clause (ii); and
                            ``(ii) shall not provide services in 
                        settings within a school that segregates 
                        homeless children and youth from other children 
                        and youth, except as is necessary for short 
                        periods of time--
                                    ``(I) for health and safety 
                                emergencies; or
                                    ``(II) to provide temporary, 
                                special, supplementary services to meet 
                                the unique needs of homeless children 
                                and youth.
            ``(3) Requirement.--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.
    ``(b) Application.--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 according to guidelines issued by the 
Secretary. Each such application shall include--
            ``(1) an assessment of the educational and related needs of 
        homeless children and youth in such agency (which may be 
        undertaken as a part of needs assessments for other 
        disadvantaged groups), including, for example, the particular 
        needs of homeless youth who have become separated from school 
        and may need special supports to enroll and succeed in school, 
        and preschool age children, including pre-enrollment 
        requirements that act as a barrier to entry into preschool 
        programs;
            ``(2) a description of the services and programs for which 
        assistance is sought and the problems to be addressed through 
        the provision of such services and programs, including services 
        and programs affecting unaccompanied youth, youth separated 
        from school and preschool age children, including those in need 
        of early intervention services;
            ``(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 
        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 come into compliance with, 
        paragraphs (3) through (7) of section 722(g); and
            ``(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 
        youth.
    ``(c) Awards.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with the requirements of this subtitle and from 
        amounts made available to it under section 722(c), make 
        competitive subgrants 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) Need.--In determining need under paragraph (1), the 
        State educational agency may consider the number of homeless 
        children and youth enrolled in preschool, elementary, and 
        secondary schools within the area served by the agency, and 
        shall consider the needs of such children and youth and the 
        ability of the agency to meet such needs. Such agency may also 
        consider--
                    ``(A) the extent to which the proposed use of funds 
                would facilitate the enrollment, retention, and 
                educational success of homeless children and youth;
                    ``(B) the extent to which the application reflects 
                coordination with other local and State agencies that 
                serve homeless children and youth, and meets the 
                requirements of section 722(g)(3);
                    ``(C) the extent to which the applicant exhibits in 
                the application and in current practice a commitment to 
                education for all homeless children and youth; and
                    ``(D) such other criteria as the State educational 
                agency determines appropriate.
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider--
                    ``(A) the applicant's needs assessment under 
                subsection (b)(1) 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 involvement of parents or guardians;
                    ``(D) the extent to which homeless children and 
                youth will be integrated within the regular education 
                program;
                    ``(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 available 
                services; and
                    ``(G) such other measures as the State educational 
                agency considers indicative of a high-quality program.
            ``(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed three years.
    ``(d) Authorized Activities.--A local educational agency may use 
funds awarded under this section for activities to carry out the 
purpose of this subtitle, including--
            ``(1) the provision of tutoring, supplemental instruction, 
        and enriched educational services that are linked to the 
        achievement of the same challenging State student performance 
        standards the State establishes for other children or youth;
            ``(2) the provision of expedited evaluations of the 
        strengths and needs of homeless children and youth, including 
        needs and eligibility for programs and services (such as 
        educational programs for gifted and talented students, children 
        with disabilities, and students with limited-English 
        proficiency, services provided under title I of the Elementary 
        and Secondary Education Act of 1965 or similar State or local 
        programs, programs in vocational education, and school meals 
        programs);
            ``(3) professional development and other activities for 
        educators and pupil services personnel that are designed to 
        heighten the understanding and sensitivity of such personnel to 
        the needs of homeless children and youth, the rights of such 
        children and youth under this Act, and the specific educational 
        needs of runaway and homeless youth;
            ``(4) the provision of referral services to homeless 
        children and youth for medical, dental, mental, and other 
        health services;
            ``(5) the provision of assistance to defray the excess cost 
        of transportation for students pursuant to section 
        722(g)(4)(A), not otherwise provided through Federal, State, or 
        local funding, where necessary to enable students to attend the 
        school selected under section 722(g)(3);
            ``(6) the provision of developmentally appropriate early 
        childhood education programs, not otherwise provided through 
        Federal, State, or local funding, for preschool aged children;
            ``(7) the provision of services and assistance to attract, 
        engage, and retain homeless youth, including unaccompanied 
        youth, in public school programs and services provided to 
        nonhomeless youth;
            ``(8) the provision of before- and after-school, mentoring, 
        and summer programs for homeless children and youth 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 enroll homeless children and youth in school, 
        including birth certificates, immunization 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 youth about the rights of, and 
        resources available to, such children and youth;
            ``(11) the development of coordination between schools and 
        agencies providing services to homeless children and youth as 
        described in subsection (g)(5);
            ``(12) the provision of pupil services (including violence 
        prevention counseling) and referrals for such services;
            ``(13) activities to address the particular needs of 
        homeless children and youth that may arise from domestic 
        violence;
            ``(14) the adaptation of space and purchase of supplies for 
        nonschool facilities made available under subsection (a)(2) to 
        provide services under this subsection;
            ``(15) the provision of school supplies and uniforms, 
        including those supplies to be distributed at shelters or 
        temporary housing facilities, or other appropriate locations; 
        and
            ``(16) the provision of other extraordinary or emergency 
        assistance needed to enable homeless children and youth to 
        attend school.

``SEC. 724. SECRETARIAL RESPONSIBILITIES.

    ``(a) Review of Plans.--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 plans adequately address the problems 
of homeless children and youth relating to access to education and 
placement as described in such plans.
    ``(b) Technical Assistance.--The Secretary shall provide support 
and technical assistance to the State educational agencies to assist 
such agencies to carry out their responsibilities under this subtitle.
    ``(c) Notice.--The Secretary shall, before the next school year 
that begins after the date of the enactment of the McKinney-Vento 
Homeless Education Act of 2001, create a public notice of the 
educational rights of homeless children and youth and disseminate such 
notice to other Federal agencies, programs, and grantees, including 
Head Start grantees, health care for homeless projects, emergency food 
and shelter grantees, and homeless assistance programs administered by 
the Department of Housing and Urban Development.
    ``(d) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities of programs designed to meet 
the educational needs of homeless elementary and secondary school 
students, and may use funds appropriated under section 726 to conduct 
such activities.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under this subtitle to be submitted to the 
Secretary not later than the expiration of the 60-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 120-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 (e), 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 721(1).
    ``(g) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary shall, either directly or through grants, 
        contracts, or cooperative agreements, periodically collect and 
        disseminate data and information regarding--
                    ``(A) the number and location of homeless children 
                and youth;
                    ``(B) the education and related services such 
                children and youth receive;
                    ``(C) the extent to which such needs are being met; 
                and
                    ``(D) such other data and information as the 
                Secretary deems necessary and relevant to carry out 
                this subtitle.
            ``(2) Collection and dissemination of information.--The 
        Secretary shall coordinate such collection and dissemination 
        with other agencies and entities that receive assistance and 
        administer programs under this subtitle.
    ``(h) Report.--Not later than 4 years after the date of the 
enactment of the McKinney-Vento Homeless Education Act of 2001, the 
Secretary shall prepare and submit to the President and appropriate 
committees of the House of Representatives and the Senate a report on 
the status of education of homeless youth and children, which shall 
include information on--
            ``(1) the education of homeless children and youth; and
            ``(2) the actions of the Department of Education and the 
        effectiveness of the programs supported under this subtitle.

``SEC. 725. DEFINITIONS.

    ``For the purpose of this subtitle, unless otherwise stated, the 
following terms have the following meanings:
            ``(1) The term `homeless children and youth' means 
        individuals who lack a fixed, regular, and adequate nighttime 
        residence (within the meaning of section 103(a)(1)). The term 
        includes children and youth who are living in doubled-up 
        accommodations sharing the housing of another due to loss of 
        housing, economic hardship or a similar reason, are living in 
        motels, hotels, trailer parks, or camping grounds due to the 
        lack of alternative adequate accommodations, are living in 
        emergency or transitional shelters, are abandoned in hospitals, 
        or are awaiting foster care placement. The term includes 
        individuals 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(2)(C)). The term also includes children 
        and youth who are living in cars, parks, public spaces, 
        abandoned buildings or substandard housing, bus or train 
        stations, or similar settings.
            ``(2) The terms `enroll' and `enrollment' include within 
        their meaning, the right to actually attend school.
            ``(3) The terms `local educational agency' and `State 
        educational agency' have the same meaning given such terms in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 8801 et seq.).
            ``(4) The term `Secretary' means the Secretary of 
        Education.
            ``(5) The term `State' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $90,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of fiscal years 2003 through 2006.''.
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