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:

Education for Homeless Children and Youths

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.

State and local educational agency requirements

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

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.

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.

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.

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.

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.

Transportation Assistance for School Stability, Readiness, and Success

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.

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).

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.

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.