[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3205 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3205

    To amend subtitle B of title VII of the McKinney-Vento Homeless 
 Assistance Act to provide education for homeless children and youths, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2007

 Mrs. Biggert (for herself, Mr. Grijalva, and Mr. Sarbanes) introduced 
 the following bill; which was referred to the Committee on Education 
and Labor, 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 amend subtitle B of title VII of the McKinney-Vento Homeless 
 Assistance Act to provide education for homeless children and youths, 
                        and for other purposes.

    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 ``Homeless Education Improvement Act 
of 2007''.

SEC. 2. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

    Subtitle B of title VII of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

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

``SEC. 721. STATEMENT OF POLICY.

    ``The following is the policy of Congress:
            ``(1) Each State and local educational agency shall ensure 
        that each homeless child and each homeless youth has access to 
        the same free, appropriate public education, including State-
        funded or local educational agency-funded preschool programs, 
        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 enrollment, attendance, or 
        success in school or in State-funded or local educational 
        agency-funded preschool programs 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 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 should have access to 
        the education and other services, including transportation 
        services for school stability, readiness, and success, 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.

       ``PART A--STATE AND LOCAL EDUCATIONAL AGENCY REQUIREMENTS

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

    ``(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) through (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) Allocation.--
                    ``(A) In general.--Subject to subparagraph (B), 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 that 
                remains after the Secretary reserves funds under 
                paragraph (2) and uses funds to carry out subsections 
                (d) and (h) of section 724, as the amount allocated 
                under section 1122 of the Elementary and Secondary 
                Education Act of 1965 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 that no 
                State shall receive less than the greater of--
                            ``(i) $300,000; or
                            ``(ii) one-fourth of one percent of the 
                        amount appropriated under section 726 for that 
                        year.
                    ``(B) Ratable reduction for insufficient funds.--If 
                there are insufficient funds in a fiscal year to allot 
                to each State the minimum amount under subparagraph 
                (A), 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) Reservations.--(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 United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, according to 
        their respective need for assistance under this Part, as 
        determined by the Secretary.
            ``(B)(i) The Secretary shall 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 (25 U.S.C. 450 et seq.), that are consistent 
        with the purposes of the programs described in this Part.
            ``(ii) The Secretary and the Secretary of the Interior 
        shall enter into an agreement, consistent with the requirements 
        of this Part, 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 
        this Part. 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.
            ``(3) State defined.--For purposes of this subsection, the 
        term `State' does not include the United States Virgin Islands, 
        Guam, American Samoa, or the Commonwealth of the Northern 
        Mariana Islands.
    ``(d) Activities.--Grants under this section shall be used for the 
following:
            ``(1) To carry out the policies set forth in section 721 in 
        the State.
            ``(2) To provide activities for, and services to, homeless 
        children and youths that enable such children and youths to 
        enroll in, attend, and succeed in school and in State-funded or 
        local educational agency-funded preschool programs.
            ``(3) To establish or designate an Office of 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 Part.
            ``(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) 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 states.--From the sums made 
        available each year to carry out this Part, the State 
        educational agency shall distribute not less than 75 percent in 
        subgrants to local educational agencies for the purposes of 
        carrying out section 723.
            ``(2) Use by state educational agency.--A State educational 
        agency may use funds made available for State use under this 
        Part to conduct activities under subsection (f) directly or 
        through grants or contracts.
            ``(3) Prohibition on segregating homeless children and 
        youths.--
                    ``(A) In general.--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 in a separate school, or in a 
                separate program within a school, based on such child's 
                or youth's status as homeless.
                    ``(B) Transition from segregated schools in 
                formerly covered counties.--To 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--
                            ``(i) coordinate with those segregated 
                        schools and segregated programs within schools 
                        located in formerly covered counties, to 
                        identify each homeless child and youth enrolled 
                        in such schools and programs;
                            ``(ii) for each homeless child and youth so 
                        identified, determine if the child or youth has 
                        a school of origin;
                            ``(iii) immediately enroll each child or 
                        youth in the school of origin if it is in the 
                        child's or youth's best educational interest in 
                        accordance with this Part and consistent with 
                        the wishes of the parent, guardian, or 
                        unaccompanied youth, and provide transportation 
                        to and from the school of origin;
                            ``(iv) immediately enroll each 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 educational 
                        interests in accordance with this Part or is 
                        against the wishes of the parent, guardian, or 
                        unaccompanied youth;
                            ``(v) ensure that each child and youth 
                        receives the full protections and services 
                        provided by this Act; and
                            ``(vi) implement other policies and 
                        practices necessary to ensure a smooth, rapid, 
                        and complete integration into the public 
                        schools of the local educational agencies.
                    ``(C) Role of state educational agency in 
                transition.--The 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 subsection (B) are met.
                    ``(D) Transition period.--Not later than the end of 
                the academic year in which the Homeless Education 
                Improvement Act of 2007 is enacted, the transition 
                referred to in subparagraph (B) shall be complete.
    ``(f) Functions of the Office of Coordinator.--The Coordinator for 
Education of Homeless Children and Youths established in each State 
shall--
            ``(1) gather and make publicly available reliable, valid, 
        and comprehensive information on the nature and extent of the 
        problems homeless children and youths have in gaining access to 
        State-funded or local educational agency-funded preschool 
        programs and to public elementary schools and secondary 
        schools, the difficulties in identifying the special needs and 
        barriers to participation and achievement of such children and 
        youths, any progress made by the State educational agency and 
        local educational agencies in the State in addressing such 
        problems and difficulties, and the success of the programs 
        under this Part in allowing homeless children and youths 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, 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 services to homeless 
        children and youths and their families, and to minimize 
        educational disruption, coordinate and collaborate with--
                    ``(A) educators, including special education 
                personnel, State-funded or local educational agency-
                funded preschool personnel, and personnel from programs 
                provided under titles I, III, and IV of the Elementary 
                and Secondary Education Act of 1965 and similar State 
                programs;
                    ``(B) providers of services to homeless children 
                and youths and families, including public and private 
                child welfare and social services agencies, law 
                enforcement, juvenile and family courts, agencies 
                providing mental health services, domestic violence 
                agencies, child care providers, runaway and homeless 
                youth centers, and 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, youths, and 
                families, including public housing agencies, shelter 
                operators, transitional housing facilities, and 
                transitional living programs for homeless youths;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths; and
                    ``(E) community organizations and groups 
                representing homeless children and youths and their 
                families; and
            ``(5) provide technical assistance to and conduct 
        monitoring of local educational agencies, in coordination with 
        local educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational agencies comply 
        with the requirements of section 722(e)(3) and paragraphs (3) 
        through (7) of subsection (g).
    ``(g) State Plan.--
            ``(1) In general.--Each State shall submit to the Secretary 
        and implement a plan to provide for the education of 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 academic achievement standards all 
                students are expected to meet.
                    ``(B) A description of the procedures the State 
                educational agency will use to identify 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 Part, 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 subsection 
                                (g)(1)(J)(ii);
                                    ``(II) are accessible to parents 
                                and guardians of homeless children and 
                                youths and unaccompanied youths;
                                    ``(III) provide such parents, 
                                guardians, and youths with sufficient 
                                opportunity to present their 
                                complaints; and
                                    ``(IV) designate decisionmakers who 
                                have received training on the 
                                requirements of this Part;
                            ``(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 appealed to the State 
                        educational agency;
                            ``(iv) include procedures to resolve 
                        disputes between local educational agencies 
                        promptly;
                            ``(v) ensure that homeless children and 
                        youths are enrolled in school pursuant to 
                        subsection (g)(3)(E) and receive transportation 
                        pursuant to subsection (g)(1)(J)(iii) pending 
                        final resolution of disputes, including 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 or 
                        local educational agencies to determine the 
                        need for, and ensure the delivery of, 
                        additional academic support in cases where 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 
                personnel (including 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 food programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) homeless children have access to 
                        public preschool programs administered by the 
                        State educational agency and local educational 
                        agency, including through the policies and 
                        practices required under subsection (g)(7);
                            ``(ii) homeless youths, including youths 
                        separated from the public schools, are 
                        identified and accorded access to appropriate 
                        secondary education and support services, 
                        including through the implementation of 
                        policies and practices to ensure that such 
                        youths are able to receive credit for full or 
                        partial coursework satisfactorily completed 
                        while attending a prior school and are afforded 
                        opportunities to recover credits lost during 
                        periods of homelessness; 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, and charter school programs.
                    ``(G) Strategies to address problems identified in 
                the report 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 in the State 
                regularly review and revise their policies and 
                practices to remove barriers to the enrollment, 
                attendance, retention, and success of homeless children 
                and youths in schools and preschool programs funded by 
                the State educational agency or local educational 
                agencies in the State.
                    ``(J) Assurances that the following will be carried 
                out:
                            ``(i) The 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)(A), and who 
                        may also be a coordinator for other Federal 
                        programs.
                            ``(iii) The 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 (or in the case of an unaccompanied 
                        youth, the liaison), to and from the school of 
                        origin, 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) If the child or youth 
                                continues to live in the area served by 
                                the local educational agency in which 
                                the school of origin is located, the 
                                child's or youth's transportation to 
                                and from the school of origin shall be 
                                provided or arranged by the local 
                                educational agency in which the school 
                                of origin is located.
                                    ``(II) If 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 his or her 
                                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 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 they 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 ensure that homeless children 
                        and youths have opportunities to meet the same 
                        challenging State student academic achievement 
                        standards to which other students are held and 
                        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 and similar State and 
                        local programs, and other activities made 
                        available to nonhomeless students. Such 
                        policies and practices shall pay particular 
                        attention to removing barriers related to fees, 
                        credit accrual policies, the lack of 
                        guardianship, enrollment and participation 
                        deadlines, and transportation issues.
            ``(2) Compliance.--
                    ``(A) In general.--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) 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 educational agency liaisons 
                designated under paragraph (1)(J)(ii).
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--The local educational agency 
                serving each child or youth to be assisted under this 
                Part shall, according to the child's or youth's 
                educational 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 a child 
                                or youth becomes homeless 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) School stability.--In determining the 
                educational best interest of the child or youth under 
                subparagraph (A), and to promote the school stability 
                of the child or youth, the local educational agency 
                shall--
                            ``(i) presume that continuing 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 educational 
                        best interest, in coordination with the parent, 
                        guardian, or 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 temporary shelter or other 
                                temporary location;
                                    ``(VII) the time remaining in the 
                                school year; and
                                    ``(VIII) the school placement of 
                                family members;
                            ``(iii) provide the child's or youth's 
                        parent or guardian or the unaccompanied youth 
                        with a written explanation, in a manner and 
                        form understandable to such parent, guardian, 
                        or youth, including a statement regarding the 
                        right to appeal under subparagraph (E), if 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 youth;
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the homeless liaison 
                        designated under paragraph (1)(J)(ii) assists 
                        in placement or enrollment decisions under this 
                        subparagraph, considers the views of such 
                        unaccompanied youth, and provides notice to 
                        such youth of the right to appeal under 
                        subparagraph (E);
                            ``(v) in the case of a child or youth whose 
                        school of origin is located in a State adjacent 
                        to the State in which the child or youth is 
                        living, consider the same student-centered 
                        factors contained in subsection (g)(3)(B)(ii); 
                        and
                            ``(vi) provide transportation pursuant to 
                        subsections (g)(1)(J)(iii) and (g)(4).
                    ``(C) Enrollment.--
                            ``(i) In general.--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, 
                                immunization and other required health 
                                records and screenings, 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 
                                deadlines during any period of 
                                homelessness.
                            ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                            ``(iii) Immunizations.--If the child or 
                        youth needs to obtain immunizations, or 
                        immunization or other required health records 
                        or screenings, 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 
                        immunization or other required health records 
                        or screenings, in accordance with subparagraph 
                        (D).
                            ``(iv) No liability.--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) Records.--
                            ``(i) In general.--Any record ordinarily 
                        kept by the school, including immunization and 
                        other health records and screenings, 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 such 
                                records are available, in a timely 
                                fashion, when a child or youth enters a 
                                new school or school district;
                                    ``(II) immediately sent to the 
                                enrolling school, even if the student 
                                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) Release.--School records needed for 
                        academic placement decisions shall be released 
                        immediately by fax or other available 
                        electronic means.
                    ``(E) Disputes.--If a dispute arises over 
                eligibility for services, school selection, enrollment 
                in a school, or any other issue under this Part--
                            ``(i) the child or youth 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 shall be provided with 
                        written explanations of any decisions made by 
                        the school, the local educational agency, or 
                        the State educational agency, 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 homeless liaison shall ensure that 
                        the youth is immediately enrolled in the school 
                        in which the youth seeks enrollment pending 
                        resolution of such dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere.
                    ``(G) School of origin defined.--In 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. 
                Upon the child or youth completing the final grade 
                level served by the school of origin, the term `school 
                of origin' shall include the designated receiving 
                school at the next grade level for all feeder schools.
                    ``(H) Contact information.--Nothing in this Part 
                shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                    ``(I) Privacy.--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, 
                or other persons or agencies not authorized under 
                section 99.31 of Part 34 of the Code of Federal 
                Regulations, paying particular attention to preventing 
                disruption of the living situation and to supporting 
                the safety of survivors of domestic violence and 
                unaccompanied youths.
                    ``(J) Academic achievement.--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 
                subsection (g)(1)(J)(iv).
            ``(4) Comparable services.--In addition to services 
        provided for homeless children and youths by this Part or other 
        Federal, State, or local laws, regulations, policies, or 
        practices, each homeless child or youth to be assisted under 
        this Part 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 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) Coordination.--
                    ``(A) In general.--Each local educational agency 
                shall coordinate--
                            ``(i) the provision of services under this 
                        Part with local social services agencies and 
                        other agencies or programs 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.) and other agencies 
                        serving unaccompanied youths, public and 
                        private child welfare agencies, Head Start and 
                        local programs administering State-funded 
                        preschool programs, and agencies providing 
                        mental health services;
                            ``(ii) with other local educational 
                        agencies on interdistrict issues, including 
                        transportation and transfer of school records;
                            ``(iii) the provision of services under 
                        this Part with other education programs, 
                        including programs provided under titles I, 
                        III, and IV of the Elementary and Secondary 
                        Education Act of 1965 and similar State and 
                        local programs, programs in vocational and 
                        technical education, 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 directors; 
                        and
                            ``(iv) 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) Coordination purpose.--The coordination 
                required under subparagraph (A) shall be designed to--
                            ``(i) ensure that homeless children and 
                        youths are promptly identified;
                            ``(ii) ensure that homeless children and 
                        youths have access and reasonable proximity to 
                        available education and related support 
                        services;
                            ``(iii) decrease the school mobility and 
                        time and length of commute to and from school 
                        of homeless children and youths; 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.--For children and youth to be assisted 
                under both this Part 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), each local educational agency shall 
                coordinate the provision of services under this Part 
                with programs provided for children with disabilities 
                in that local educational agency and other involved 
                local educational agencies. Such 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 
                        subsection (1)(J)(iii) of this Part and the 
                        Individuals with Disabilities Education Act or 
                        section 504 of the Rehabilitation Act of 1973.
                            ``(ii) If a local educational agency has 
                        placed a child or youth in a public or private 
                        educational program outside 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 his 
                        or her school of origin under paragraphs (3)(A) 
                        and (B), the local educational agency that made 
                        the placement shall continue payments for the 
                        placement, unless it and the local educational 
                        agency where the student is temporarily 
                        residing agree upon another method to apportion 
                        the cost or the State educational agency has 
                        devised another method to apportion cost and 
                        responsibility among local educational 
                        agencies.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) 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, children, and 
                        youths receive educational services for which 
                        such families, children, and youths are 
                        eligible, including Head Start and Even Start 
                        programs and State-funded or local educational 
                        agency-funded preschool programs, and referrals 
                        to health care services, dental services, 
                        mental health and substance abuse services, 
                        housing services, and other appropriate 
                        services;
                            ``(iv) the parents or guardians of homeless 
                        children and youths are informed of the 
                        educational and related opportunities available 
                        to their children, including preschool 
                        opportunities, and are provided with meaningful 
                        opportunities to participate in the education 
                        of their children;
                            ``(v) public notice of the educational 
                        rights of homeless children and youths, 
                        including procedures for dispute resolution, is 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youths, and 
                        unaccompanied youths, including schools, 
                        shelters, and soup kitchens, in a manner and 
                        form understandable to parents and guardians of 
                        homeless children and youths and unaccompanied 
                        youths;
                            ``(vi) disputes are resolved in accordance 
                        with paragraph (3)(E);
                            ``(vii) 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);
                            ``(viii) school personnel are adequately 
                        prepared to implement this title and receive 
                        professional development, resource materials, 
                        technical assistance, and other support; and
                            ``(ix) unaccompanied youths are enrolled in 
                        school and 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 subsections 
                        (g)(1)(F)(ii) and (g)(1)(J)(iv).
                    ``(B) Notice.--State coordinators established under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, and 
                advocates working with homeless families of the contact 
                information and duties of the local educational agency 
                liaisons.
                    ``(C) Local and state coordination.--Local 
                educational agency liaisons for homeless children and 
                youths 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 
                youths. Such coordination shall include collecting and 
                providing to the State coordinator the data needed to 
                meet the requirements of subsections (f)(1) and (f)(3).
                    ``(D) Professional development.--Local educational 
                agency liaisons for homeless children and youths shall 
                participate in the professional development and other 
                technical assistance activities provided by the State 
                coordinator pursuant to subsection (f)(6).
            ``(7) School readiness for homeless children.--
                    ``(A) State and local educational agencies.--Each 
                State educational agency and local educational agency 
                shall ensure that preschool programs funded, 
                administered, or overseen by such agency--
                            ``(i) comply with subsections (g)(3) and 
                        (g)(4);
                            ``(ii) 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 young children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines; and
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve them; and
                            ``(iii) review the educational and related 
                        needs of homeless children and their families 
                        in such agencies' service areas, in 
                        coordination with the liaison designated under 
                        subsection (g)(1)(J)(ii), and develop policies 
                        and practices to meet identified needs.
                    ``(B) Other state agencies.--In the case of State-
                funded preschool programs that are not funded, 
                administered, or overseen by the State educational 
                agency or a local educational agency, the State agency 
                that funds such preschool programs shall--
                            ``(i) develop, review, and revise its 
                        policies and practices to remove barriers to 
                        the enrollment, attendance, retention, and 
                        success of homeless children in preschool 
                        programs funded, administered, or overseen by 
                        the agency;
                            ``(ii) comply with subsections (g)(3) and 
                        (g)(4), except that such programs--
                                    ``(I) 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
                                    ``(II) shall not be subject to the 
                                transportation requirements of 
                                subsections (g)(1)(J)(iii) or 
                                (g)(3)(B)(v), but shall remove barriers 
                                to existing 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 young children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines; and
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve them; 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) No Diminishment of Power.--Nothing in this subtitle shall be 
construed to diminish the rights of homeless parents, children, or 
youths otherwise provided under State law.

``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF 
              HOMELESS CHILDREN AND YOUTHS.

    ``(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 726, 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) Services.--
                    ``(A) In general.--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 grounds.--If services 
                under paragraph (1) are provided on school grounds, 
                schools may use funds under this Part to provide the 
                same services to other children and youths who are 
                determined by the local educational agency to be at 
                risk of failing in, or dropping out of, school.
            ``(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. 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 such agency 
        (which may be undertaken as part of needs assessments for other 
        disadvantaged groups).
            ``(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 
        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 subsections (f)(1) and (f)(3) of 
        section 722.
            ``(7) A description of the policies and practices the local 
        educational agency has implemented to remove barriers to the 
        enrollment, attendance, and success in school of all homeless 
        children and youths.
    ``(c) Awards.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with the requirements of this Part and from amounts 
        made available to it under section 726, 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 Part 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 youths enrolled in State-funded or local 
        educational agency-funded preschool programs and in elementary 
        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. The State educational agency may 
        also consider the following:
                    ``(A) The extent to which the proposed use of funds 
                will facilitate the identification, enrollment, 
                retention, and educational success of homeless children 
                and youths.
                    ``(B) The extent to which the application--
                            ``(i) reflects coordination with other 
                        local and State agencies that serve homeless 
                        children and youths; and
                            ``(ii) describes how the applicant will 
                        meet 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 youths.
                    ``(D) Such other criteria as the State agency 
                determines appropriate.
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider the following:
                    ``(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 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 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 Part 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, title I of the Elementary 
                and Secondary Education Act of 1965, and similar State 
                and local programs.
                    ``(G) The extent to which the local educational 
                agency uses the subgrant to leverage resources, 
                including by maximizing non-subgrant funding for the 
                position of the liaison and the provision of 
                transportation.
                    ``(H) The reservation 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 
                according to the needs assessment conducted pursuant to 
                subsection (b)(1) of this section, and the use of those 
                funds to meet those needs.
                    ``(I) Such other measures as the State educational 
                agency considers indicative of a high-quality program, 
                including the extent to which the local educational 
                agency will provide case management.
            ``(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 that carry out the 
purpose of this Part, 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 the State establishes for other children and youths.
            ``(2) The provision of expedited evaluations of the 
        strengths and needs 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 schools, magnet schools, 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 personnel to 
        the needs of homeless children and youths, the rights of such 
        children and youths under this Part, 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 to State-funded or local educational agency-
        funded preschool programs and for students under sections 
        722(g)(1)(J)(iii) and 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 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 currently 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 State-funded or local 
        educational agency-funded preschool programs, including birth 
        certificates, immunization or medical 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 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 those 
        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 State-funded or local 
        educational agency-funded preschool programs.

``SEC. 724. SECRETARIAL RESPONSIBILITIES.

    ``(a) Review of State 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 plan adequately address the 
problems of all homeless children and youths relating to access to 
education and placement as described in such plan.
    ``(b) Technical Assistance.--The Secretary shall provide support 
and technical assistance to State educational agencies to assist such 
agencies in carrying out their responsibilities under this Part.
    ``(c) Notice.--The Secretary shall, before the next school year 
that begins after the date of enactment of the Homeless Education 
Improvement Act of 2007, create and disseminate nationwide a public 
notice of the educational rights of homeless children and youths, 
including information regarding the definition of homeless children and 
youths in paragraph (3) of section 725, and disseminate such notice to 
other Department of Education offices, including those responsible for 
special education programs, higher education, and 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. The Secretary shall 
also disseminate such notice to other Federal agencies, programs, and 
grantees, including Head Start grantees, Health Care for the Homeless 
grantees, Emergency Food and Shelter grantees, Runaway and Homeless 
Youth Act grantees, Chafee Independence Program grantees, homeless 
assistance programs administered by the Department of Housing and Urban 
Development, and the Office of the Administration of Children Youth and 
Families of the Department of Health and Human Services.
    ``(d) Evaluation and Dissemination.--The Secretary shall conduct 
evaluation and dissemination activities of programs designed to meet 
the educational needs of homeless preschool, elementary, and secondary 
school students, and may use funds appropriated under section 726 to 
award grants to, or enter into contracts or cooperative agreements 
with, eligible entities to enable the eligible entities to carry out 
such activities.
            ``(1) Priorities.--The Secretary, in making an award of 
        such grant, 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 programs 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, at-risk youth, and education; and
                    ``(C) established collaborations and networks among 
                State educational agencies, local educational agencies, 
                and national organizations that provide services to 
                homeless children, youths, and families.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under section 722 of this Part to be submitted 
to the Secretary not later than the expiration of the 120-day period 
beginning on the date that funds are available for purposes of making 
such grants and shall make such grants not later than the expiration of 
the 180-day period beginning on such date.
    ``(f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered by the 
Secretary under subsection (h), shall determine the extent to which 
State educational agencies are ensuring that each homeless child and 
homeless youth has access to a free appropriate public education, as 
described in section 721(1), and shall provide support and technical 
assistance to State educational agencies in areas in which barriers to 
a free appropriate public education persist.
    ``(g) Publication.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 90 days after the date of 
enactment of the Homeless Education Improvement Act of 2007, a summary 
of the changes enacted by that Act. The summary shall include--
            ``(1) strategies by which a State may assist local 
        educational agencies to implement the amendments;
            ``(2) strategies by which a State can review and revise 
        State policies and procedures that may present barriers to the 
        enrollment, attendance, and success of homeless children and 
        youths; and
            ``(3) strategies by which State-funded or local educational 
        agency-funded preschool programs can implement the requirements 
        of section 722(g)(7).
    ``(h) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary shall, directly or through grants, 
        contracts, or cooperative agreements, periodically, but no less 
        frequently than every two years, collect and disseminate 
        publicly data and information regarding--
                    ``(A) the number, and type of temporary housing of 
                homeless children and youths, including such children 
                and youths enrolled in State-funded or local 
                educational agency-funded preschool programs, in all 
                local educational agencies;
                    ``(B) the education and related services such 
                children and youths receive;
                    ``(C) the extent to which the needs of homeless 
                children and youths are being met;
                    ``(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 Part.
            ``(2) Coordination.--The Secretary shall coordinate such 
        collection and dissemination with other agencies and entities 
        that receive assistance and administer programs under this 
        Part.
    ``(i) Report.--Not later than four years after the date of 
enactment of the Homeless Education Improvement Act of 2007, 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 education of homeless children and youths, 
which shall include information on--
            ``(1) the education of homeless children and youths; and
            ``(2) the actions of the Secretary and the effectiveness of 
        the programs supported under this Part.

``SEC. 725. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The terms `enroll' and `enrollment' include attending 
        classes and participating fully in school activities.
            ``(2) The 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) The 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 are sharing 
                        the housing of other persons 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;
                            ``(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) 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 ones named.
            ``(5) The 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.
            ``(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.

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this Part, there are authorized 
to be appropriated to the Secretary $140,000,000 for fiscal year 2009 
and such sums as may be necessary for each of fiscal years 2010 through 
2015.

 ``PART B--TRANSPORTATION ASSISTANCE FOR SCHOOL STABILITY, READINESS, 
                              AND SUCCESS

``SEC. 730. GRANTS FOR TRANSPORTATION FOR SCHOOL STABILITY, READINESS, 
              AND SUCCESS FOR HOMELESS CHILDREN AND YOUTHS.

    ``(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 subsection 
(d).
    ``(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. The 
application must--
            ``(1) contain assurances that the State, local educational 
        agencies, and preschool programs in the State will meet the 
        requirements of Part A of this subtitle;
            ``(2) contain assurances and describe policies and 
        procedures in the State to ensure that the State educational 
        agency and local educational agencies coordinate and 
        collaborate with public and private child welfare and social 
        service agencies, State-funded or local educational agency-
        funded preschool programs, and providers of housing and shelter 
        to homeless children, youths, and families, including public 
        housing agencies, shelter operators, transitional housing 
        facilities, and transitional living programs for homeless 
        youths, to minimize educational disruption for homeless 
        children and youths;
            ``(3) contain assurances that the State educational agency 
        will review and revise its existing transportation funding 
        polices and procedures to ensure they promote compliance with 
        the transportation requirements of Part A of this subtitle; and
            ``(4) describe the manner in which funds shall be 
        distributed to local educational agencies and local agencies 
        administering State-funded preschool programs and the 
        transportation costs that shall be funded under subsection (d).
    ``(c) Allocation and Reservations.--
            ``(1) Allocation.--(A) 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 733 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 of such Act to all 
        States for that year.
            ``(B) State defined.--For purposes of this Part, the term 
        `State' does not include the United States Virgin Islands, 
        Guam, American Samoa, or the Commonwealth of the Northern 
        Mariana Islands.
    ``(d) Activities.--Grants under this section shall be used to 
assist local educational agencies and State-funded or local 
educational-agency funded preschool programs in meeting costs incurred 
in providing transportation to homeless children and youths, including 
costs to--
            ``(1) provide transportation to the school of origin 
        pursuant to subsections (g)(1)(J)(iii) and (g)(3)(B)(v) of 
        section 722 Part A of this subtitle;
            ``(2) provide transportation to local agencies 
        administering State-funded preschool programs pursuant to 
        subsection (g)(7) of section 722 of Part A of this subtitle;
            ``(3) provide transportation to academic support services, 
        extracurricular activities, athletic activities, before and 
        after school programs, extended school year services, and adult 
        education programs;
            ``(4) provide transportation to parents or guardians of 
        homeless children or youths to increase their meaningful 
        involvement in the education of their children;
            ``(5) provide transportation to the school serving the 
        attendance area where the child or youth is living in any case 
        where the local educational agency does not normally provide 
        such transportation, if the lack of such transportation 
        presents a barrier to the student's enrollment, attendance, or 
        success in school; and
            ``(6) provide other transportation services to homeless 
        children and youths that the Coordinator for Education of 
        Homeless Children and Youths under section 722(d)(3) of Part A 
        designates as reimbursable under subsection (b)(4).
    ``(e) State and Local Subgrants.--
            ``(1) Functions of the office of coordinator.--The 
        Coordinator for Education of Homeless Children and Youths 
        established in each State under subsection 722(d)(3) of Part A 
        of this subtitle shall develop and carry out the State 
        application described in subsection (a).
            ``(2) Minimum disbursements by states.--From the sums made 
        available each year to carry out this Part, the State 
        educational agency shall distribute not less than 95 percent to 
        local educational agencies and local agencies administering 
        preschool programs to carry out the activities described in 
        subsection (d).
            ``(3) Use by state educational agency.--A State educational 
        agency--
                    ``(A) shall use funds made available for State use 
                under this Part to collect and transmit to the 
                Secretary, together with the data required under 
                section 722(f)(3) of Part A, data indicating, for each 
                of the transportation categories listed in subsection 
                (d), the numbers of children and youths who received 
                transportation services and the percentage of the total 
                funds that were used to provide such services; and
                    ``(B) may use funds made available for State use 
                under this Part to conduct activities under subsection 
                (d) directly or through grants or contracts.
    ``(f) Relation to Part A.--Notwithstanding the amount appropriated 
under section 733, nothing in this Part shall be construed to negate or 
otherwise affect the transportation or other responsibilities of State 
educational agencies, local educational agencies, or other State 
agencies under Part A of this subtitle, including the requirements of 
subsections (g)(1)(J)(iii) and (iv), (g)(3)(B)(v), (g)(4), and (g)(7) 
of section 722 of Part A of this subtitle.

``SEC. 731. SECRETARIAL RESPONSIBILITIES.

    ``In reviewing the State application submitted by a State 
educational agency under section 730(b), the Secretary shall--
            ``(1) evaluate whether State laws, policies, and practices 
        described in such application and the plans submitted by the 
        State educational agency under subsection 722(g) of Part A of 
        this subtitle and Part A of title I of the Elementary and 
        Secondary Education Act of 1965 adequately address the problems 
        of all homeless children and youths relating to access to 
        education and placement; and
            ``(2) ensure that the State application adequately meets 
        the requirements of subsection 730(b).

``SEC. 732. DEFINITIONS.

    ``The terms `enrollment', `homeless children and youths', 
`including', `local educational agency', `Secretary', and 
`unaccompanied youth' shall have the meanings given them in section 725 
of Part A of this subtitle.

``SEC. 733. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $35,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of fiscal years 2010 through 2015.''.

SEC. 3. CONFORMING AMENDMENTS.

    The Elementary and Secondary Education Act of 1965 is amended--
            (1) in section 1111 (20 U.S.C. 6311(c))--
                    (A) in subsection (b)(2), by adding after 
                subparagraph (K) the following new subparagraph:
                    ``(L) Accountability for homeless children and 
                youths.--The accountability provisions under this Act 
                shall ensure that homeless children and youths, as 
                defined in section 725(3) of subtitle B of title VII of 
                the McKinney-Vento Homeless Assistance Act, are 
                included in academic assessment, reporting, and 
                accountability systems, consistent with section 
                1111(b)(3)(C)(xi) of this Part. 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 section 1111(b)(2)(C)(v) of this Part.''; and
                    (B) in subsection (c)--
                            (i) in paragraph (13), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (14), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(15) the State educational agency will ensure that the 
        requirements of subtitle B of title VII of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11431 et seq.) that relate 
        to the State educational agency are satisfied.'';
            (2) in section 1112 (20 U.S.C. 6312)--
                    (A) in subsection (c)(1)--
                            (i) in subparagraph (N), by striking 
                        ``and'' at the end;
                            (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 
                (42 U.S.C. 11431 et seq.) that relate to the local 
                educational agency.''; and
                    (B) by amending subsection (b)(1)(O) to read as 
                follows:
                    ``(O) a description of the services the local 
                educational agency will provide homeless children and 
                youths, including services provided with funds reserved 
                under section 1113(c)(3), the amount of funds reserved, 
                the needs assessment conducted to determine the amount 
                of funds reserved, how the amount of funds reserved is 
                related to the needs assessment, and the collaborative 
                role of the liaison designated pursuant to section 
                722(g)(1)(J)(ii) of subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act in determining 
                the amount of funds reserved and the services 
                provided;''.
            (3) by amending section 1113(c)(3) (20 U.S.C. 6313(c)(3)) 
        to read as follows:
            ``(3) Reservation.--
                    ``(A) In general.--A local educational agency shall 
                reserve funds under this part to assist homeless 
                children and youths (as defined in section 725(3) of 
                subtitle B of title VII of the McKinney-Vento Homeless 
                Assistance Act) who are attending schools participating 
                under sections 1114 or 1115 or nonparticipating 
                schools, in satisfying the State's academic achievement 
                standards.
                    ``(B) Use of funds.--Notwithstanding the 
                requirements of subsections (b) and (c) of section 
                1120A, such funds may be used to provide homeless 
                children and youths with services not ordinarily 
                provided to other students under this part, including 
                providing funding for the liaison designated pursuant 
                to section 722(g)(1)(J)(ii) of subtitle B of title VII 
                of the McKinney-Vento Homeless Assistance Act, 
                providing transportation pursuant to section 
                722(g)(1)(J)(iii) of such Act, providing support 
                services to preschool-aged homeless children and 
                homeless secondary school students, providing 
                educationally related support services to children and 
                youths in shelters and other locations where they may 
                live, and removing barriers to homeless children's and 
                youths' enrollment, attendance, retention, and success 
                in school.
                    ``(C) Amount reserved.--The amount of funds 
                reserved shall be based upon an assessment of the 
                educational and related needs of homeless children and 
                youths in the local educational agency and determined 
                collaboratively with the liaison designated pursuant to 
                section 722(g)(1)(J)(ii) of subtitle B of title VII of 
                the McKinney-Vento Homeless Assistance Act.
                    ``(D) Integration.--The services provided to 
                homeless children and youths shall, to the maximum 
                extent practicable, integrate homeless children and 
                youths with nonhomeless children and youths.
                    ``(E) Comparable services.--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 725(3) of subtitle B of title VII of the McKinney-Vento 
        Homeless Assistance Act'' before ``that is based on 
        information'';
            (5) by amending section 1115(b)(2)(E) (20 U.S.C. 
        6315(b)(2)(E)) to read as follows:
                    ``(E) Homeless children and youths.--A child or 
                youth who is homeless, as defined in section 725(3) of 
                subtitle B of title VII 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 4203(a) (20 U.S.C. 7173(a))--
                    (A) in paragraph (10), by inserting after 
                ``participating students'' the following: ``, including 
                homeless children and youths as defined in section 
                725(3) of subtitle B of title VII of the McKinney-Vento 
                Homeless Assistance Act'';
                    (B) in paragraph (13)(B), by striking ``and'' at 
                the end;
                    (C) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(15) contains an assurance that the State educational 
        agency will require eligible entities to describe in their 
        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 725(3) of 
        subtitle B of title VII of the McKinney-Vento Homeless 
        Assistance Act, paying particular attention to the needs of 
        unaccompanied youths.''; and
            (7) 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 of subtitle B of 
        title VII of the McKinney-Vento Homeless Assistance Act''.
                                 <all>