[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4880 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4880

To amend the McKinney-Vento Homeless Assistance Act to provide for the 
 implementation of protection and services for children and youths in 
               out of home care, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 19, 2007

Mr. Davis of Illinois 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 the McKinney-Vento Homeless Assistance Act to provide for the 
 implementation of protection and services for children and youths in 
               out of home care, 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. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND 
              YOUTHS IN OUT OF HOME CARE.

    (a) In General.--The McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11421 et seq.) is amended by adding at the end the following new 
subtitle:

 ``Subtitle C--Implementation of Protection and Services for Children 
                     and Youths in Out of Home Care

``SEC. 731. STATEMENTS OF POLICY.

    ``Congress declares the following:
            ``(1) Children and youths in out of home care face daunting 
        barriers to educational success very similar to those faced by 
        children experiencing homelessness. Extension of the 
        protections and services of this subtitle to children and 
        youths in out of home care, therefore, is crucial, to their 
        educational success while ensuring that existing State and 
        local educational agency programs serving homeless children and 
        youths are protected and are provided with adequate support.
            ``(2) Efforts to improve educational outcomes for children 
        and youths in out of home care must be a joint effort of child 
        welfare agencies responsible for the welfare of such children 
        and youths and the State and local educational agencies 
        pursuant to section 732 to provide educational services to such 
        children and youths.

``SEC. 732. IMPLEMENTATION OF PROTECTION AND SERVICES FOR CHILDREN AND 
              YOUTHS IN OUT OF HOME CARE.

    ``(a) In General.--Not later than two years after the date of the 
enactment of this subtitle or the date on which the amount appropriated 
under section 726 equals or exceeds $90,000,000, whichever comes first, 
each State through the State educational agency and each local 
educational agency in the State, in collaboration with the State and 
local child welfare agencies in the State, shall provide children and 
youths in out of home care with the following:
            ``(1) The opportunity to remain in the school of origin, in 
        accordance with subparagraphs (A) and (B) of section 722(g)(3), 
        subject to subsection (b) of this section.
            ``(2) Immediate enrollment in the school chosen pursuant to 
        section 722(g)(3)(C).
            ``(3) Maintenance and timely transfer of records pursuant 
        to section 722(g)(3)(D).
            ``(4) Access to the dispute resolution process pursuant to 
        section 722(g)(3)(E).
            ``(5) The assurance that they will not be segregated in a 
        separate or stigmatized school or separate program within a 
        school based on the status of their being children and youths 
        in out of home care, pursuant to subsections (e)(3) and 
        (g)(1)(J)(i) of section 722.
            ``(6) Equal access to comparable services as set forth in 
        section 722(g)(4), subject to subsection (b) of this section.
            ``(7) Equal access to State-funded and local educational 
        agency-funded preschool programs, appropriate secondary 
        education and support services, before- and after-school 
        programs for which they are eligible, including extracurricular 
        activities, pursuant to section 722(g)(1)(F).
            ``(8) Opportunities to meet the same challenging State 
        student academic achievement standards that all students are 
        expected to meet pursuant to section 722(g)(1)(A).
            ``(9) Coordination of services with local child welfare and 
        social service agencies and with local educational agencies on 
        inter-district issues pursuant to section 722(g)(5).
    ``(b) Transportation.--A State under this subtitle shall not be 
required to ensure that transportation is provided to the school of 
origin for a child or youth in out of home care unless such 
transportation is otherwise required by law, the responsible child 
welfare agency or other entity agrees to reimburse the cost of 
providing such transportation, or transportation is required under 
section 733.
    ``(c) Implementation of Plan.--Not later than one year after the 
date of the enactment of this subtitle, each State educational agency, 
in cooperation with the State child welfare agency in the State, shall 
submit to the Secretary a plan for the implementation of the 
educational rights of children and youths in out of home care. Such 
plan shall include the following:
            ``(1) A description of how the State and the local child 
        welfare agencies within the State will coordinate and 
        collaborate with the State educational agency, the Coordinator 
        for Education of Homeless Children and Youths established under 
        section 722(d)(3), and the local educational agencies in the 
        State, including liaisons designated under section 
        722(g)(1)(J)(ii), to ensure the protections and services 
        provided under this subtitle will be promptly and effectively 
        delivered to children and youths in out of home care, taking 
        into account the need to continue serving other children and 
        youths eligible for protections and services under this 
        subtitle.
            ``(2) A description of the policies and procedures which 
        are or will be implemented regarding confidentiality, 
        information-sharing, and educational decision-making for such 
        children and youths.
            ``(3) A description of the policies and procedures which 
        are or will be implemented regarding notice, dispute resolution 
        procedures, maintenance of school records, and health records.
            ``(4) A description of specific procedures for school 
        enrollment and withdrawal of children and youths in out of home 
        care, including a description of who within the child welfare 
        agency will work with the local educational agency to ensure 
        immediate enrollment of children and youths in out of home care 
        and to assist with the smooth transition from school to school.
            ``(5) A description of the numbers and needs of children 
        and youths in out of home care who will be eligible for the 
        protections and services under subsection (a), including, to 
        the extent available, data on the numbers of school-age and 
        preschool-age children and youths in out of home care in the 
        State by local educational agencies, and data on the extent of 
        school mobility of children and youths in out of home care in 
        the State.
            ``(6) A description of existing barriers to enrollment, 
        attendance, retention, and educational success in school for 
        children and youths in out of home care.
            ``(7) A description of efforts in the State to recruit 
        foster families and provide placement options that maintain 
        children and youths in their schools of origin.
            ``(8) Consistent with subsection (d) and section 722(f)(3), 
        data and information regarding children and youths in out of 
        home care who are eligible for and are receiving protections 
        and services under subsection (a).
            ``(9) A description of the policies and procedures to be 
        coordinated with the public child welfare agency that will 
        assist unaccompanied youths who are in the custody of such 
        public child welfare agency to maintain school enrollment and 
        attendance through stable housing.
            ``(10) Pursuant to subsection (b), a description of how 
        required transportation services will be provided and 
        coordinated.
    ``(d) Additional Secretarial Responsibilities.--
            ``(1) Information.--
                    ``(A) In general.--From funds appropriated under 
                section 726, the Secretary, in coordination with the 
                Secretary of Health and Human Services, shall, directly 
                or through grants, contracts, or cooperative 
                agreements, periodically collect and disseminate data 
                and information regarding--
                            ``(i) the number and location of children 
                        and youths in out of home care;
                            ``(ii) the education and related services 
                        such children and youths receive;
                            ``(iii) the extent to which the educational 
                        needs of children and youths in out of home 
                        care are being met; and
                            ``(iv) such other data and information as 
                        the Secretary determines necessary and relevant 
                        to carry out this subtitle.
                    ``(B) Coordination.--The Secretary shall coordinate 
                such collection and dissemination with other agencies 
                and entities that receive assistance and administer 
                programs under this subtitle. The Secretary shall also 
                coordinate the collection of such data with the data 
                collection required under section 724(h).
            ``(2) Report.--Not later than four years after the date of 
        the enactment of this subtitle, the Secretary shall 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 children and youths in out of home care, 
        including information on the actions of the Secretary and the 
        effectiveness of the programs supported under this subtitle.
    ``(e) Rules of Construction.--
            ``(1) No shifting responsibilities.--Nothing in this 
        subtitle is intended to shift responsibilities to State or 
        local educational agencies for duties and activities related to 
        meeting the educational needs of children and youths in out of 
        home care that the State child welfare agency has specifically 
        assumed in its State plan submitted pursuant to parts B or E of 
        title IV of the Social Security Act (42 U.S.C. 621 et seq. and 
        670 et seq.).
            ``(2) No preclusion of early implementation.--Nothing in 
        this section shall preclude a State from extending the 
        protections under this section to children and youths in out of 
        home care before the date that is two years after the date of 
        the enactment of this subtitle or the date on which the amount 
        appropriated under section 726 equals or exceeds $90,000,000, 
        whichever comes first, except that if a State implements such 
        protections before either of such dates, the State shall first 
        submit the implementation plan required under subsection (c).
    ``(f) Supplement, Not Supplant.--Funds appropriated under this 
subtitle shall be used to supplement, not supplant, Federal and non-
Federal funds available through State and local child welfare agencies 
for expenses related to the education of children and youths who are in 
out of home care.

``SEC. 733. SPECIAL RULE REGARDING TRANSPORTATION FOR CHILDREN AND 
              YOUTHS IN OUT OF HOME CARE.

    ``State and local educational agencies shall be required to ensure 
that transportation is provided to enable children and youths in out of 
home care to remain in their schools of origin as specified under this 
subtitle--
            ``(1) when the amount appropriated under section 726 equals 
        or exceeds $140,000,000;
            ``(2) such transportation is otherwise required by law; or
            ``(3) the responsible child welfare agency or other entity 
        agrees to reimburse the cost of providing such transportation.

``SEC. 734. CHILDREN AND YOUTHS AWAITING FOSTER CARE PLACEMENT.

    ``Nothing in sections 732 and 733 shall be construed to relieve 
States or local educational agencies of responsibility under this 
subtitle to serve children and youths awaiting foster care placement.

``SEC. 735. ACTION BY COURT.

    ``If the right of the birth or adoptive parent or legal guardian of 
a child or youth to make educational decisions for such child or youth 
has been terminated or suspended by an order of the court, or if the 
birth or adoptive parent or legal guardian cannot be identified or 
located after reasonable efforts, is not available with reasonable 
promptness to assist in enrollment or placement decisions, or is not 
acting in the best educational interests of such child or youth with 
respect to enrollment or placement decisions, a court may appoint an 
individual to serve as the educational decisionmaker of such child or 
youth who shall have the same rights as a parent or guardian under this 
subtitle. In making such appointment, if such child or youth is 
eligible for services under the Individuals with Disabilities Education 
Act, the court shall consider whether the individual who is serving as 
the parent or surrogate parent under sections 615(b)(2) and 639(a)(5) 
of such Act of such child or youth should serve as the educational 
decisionmaker for the purpose of this subtitle.

``SEC. 736. DEFINITIONS.

    ``In this subtitle:
            ``(1) Children and youths in out of home care.--The term 
        `children and youths in out of home care' means children and 
        youths who are in the custody of a public child welfare agency, 
        including foster family homes, kinship care families, group 
        homes, and other congregate care facilities.
            ``(2) Parent or guardian.--The term `parent or guardian' 
        means, with respect to children or youths in out of home care--
                    ``(A) the birth or adoptive parent or legal 
                guardian of such a child or youth, unless such parent's 
                or guardian's right to make educational decisions for 
                such child or youth has been terminated or suspended by 
                a court; or
                    ``(B) the educational decisionmaker appointed by a 
                court to make educational decisions for such child or 
                youth.''.
    (b) Conforming Amendment.--The table of contents of the McKinney-
Vento Homeless Assistance Act is amended by adding at the end the 
following:

 ``Subtitle C--Implementation of Protection and Services for Children 
                     and Youths in Out of Home Care

``Sec. 731. Statements of policy.
``Sec. 732. Implementation of protection and services for children and 
                            youths in out of home care.
``Sec. 733. Special rule regarding transportation for children and 
                            youths in out of home care.
``Sec. 734. Children and youths awaiting foster care placement.
``Sec. 735. Action by court.
``Sec. 736. Definitions.''.
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