[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2800 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2800

    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 SENATE OF THE UNITED STATES

                           November 19, 2009

  Mrs. Murray (for herself and Mr. Franken) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 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 ``Educational Success for Children and 
Youth Without Homes Act of 2009''.

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 youth has access to the same free 
        appropriate public education, including a public preschool 
        education, as is provided to other children and youths.
            ``(2) In any State where compulsory residency requirements 
        or other requirements of laws, regulations, practices, or 
        policies may act as a barrier to the identification, 
        enrollment, attendance, or success in school of homeless 
        children and youths, the State and local educational agencies 
        shall review and revise such laws, regulations, practices, or 
        policies to ensure that homeless children and youths are 
        afforded the same free appropriate public education as is 
        provided to other children and youths.
            ``(3) Homelessness is not a sufficient reason to separate 
        students from the mainstream school environment.
            ``(4) Homeless children and youths shall have access to the 
        education and other services that such children and youths need 
        to ensure that such children and youths have an opportunity to 
        meet the same challenging State student academic achievement 
        standards to which all students are held.

``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 from allotments made under subsection (c) and in 
accordance with this section to enable such States to carry out the 
activities described in subsections (d) through (h).
    ``(b) Application.--In order for a State to be eligible to receive 
a grant under this section, the State educational agency, in 
consultation with other relevant State agencies, shall submit an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary may 
reasonably require.
    ``(c) Allocation and Reservations.--
            ``(1) Allocation.--
                    ``(A) In general.--Subject to subparagraph (C), the 
                Secretary is authorized to allot to each State an 
                amount that bears the same ratio to the amount 
                appropriated for such year under section 726 that 
                remains after the Secretary reserves funds under 
                paragraph (2) and uses funds to carry out section 724 
                (d) and (h), as the amount allocated under section 1122 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6332) to the State for that year bears to 
                the total amount allocated under section 1122 of such 
                Act to all States for that year, except as provided in 
                subparagraph (B).
                    ``(B) Minimum allotments.--No State shall receive 
                less under this paragraph than the greater of--
                            ``(i) $300,000; or
                            ``(ii) one-fourth of 1 percent of the 
                        amount appropriated under section 726 for that 
                        year.
                    ``(C) Ratable reduction for insufficient funds.--If 
                there are insufficient funds in a fiscal year to allot 
                to each State the minimum amount under subparagraph 
                (B), the Secretary shall ratably reduce the allotments 
                to all States based on the proportionate share that 
                each State received under this subsection for the 
                preceding fiscal year.
            ``(2) Reservations.--
                    ``(A) Students in territories.--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 needs for assistance under this 
                subtitle, as determined by the Secretary. Funds 
                allocated under this subparagraph shall be used for 
                programs that are consistent with the purposes of the 
                programs described in this subtitle.
                    ``(B) Indian students.--
                            ``(i) Transfer.--The Secretary shall 
                        transfer 1 percent of the amount appropriated 
                        for each fiscal year under section 726 to the 
                        Department of the Interior for programs that 
                        are for Indian students served by schools 
                        funded by the Secretary of the Interior, as 
                        determined under the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 450 et 
                        seq.), and that are consistent with the 
                        purposes of the programs described in this 
                        subtitle.
                            ``(ii) Agreement.--The Secretary of 
                        Education and the Secretary of the Interior 
                        shall enter into an agreement, consistent with 
                        the requirements of this subtitle, for the 
                        distribution and use of the funds described in 
                        clause (i) under terms that the Secretary of 
                        Education determines best meet the purposes of 
                        the programs described in this subtitle. Such 
                        agreement shall set forth the plans of the 
                        Secretary of the Interior for the use of the 
                        funds transferred, including appropriate goals, 
                        objectives, and milestones for that use.
    ``(d) State Activities.--Grant funds from a grant made to a State 
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 and services to improve the 
        identification of homeless children and youths and enable such 
        children and youths to enroll in, attend, and succeed in school 
        and preschool programs.
            ``(3) To establish or designate an Office of the 
        Coordinator for Education of Homeless Children and Youths in 
        the State educational agency in accordance with subsection (f) 
        that has sufficient capacity, resources, and support to carry 
        out the duties described in this subtitle.
            ``(4) To prepare and carry out the State plan described in 
        subsection (g).
            ``(5) To develop and implement professional development 
        activities for liaisons designated under subsection 
        (g)(1)(J)(ii), other local educational agency and school 
        personnel, and community agencies--
                    ``(A) to improve their identification of homeless 
                children and youths; and
                    ``(B) to heighten their awareness of, and capacity 
                to respond to, specific problems in the education of 
                homeless children and youths.
    ``(e) State and Local Subgrants.--
            ``(1) Minimum disbursements by states.--From the grant 
        funds made available each year to a State under subsection (a) 
        to carry out this subtitle, the State educational agency shall 
        distribute not less than 75 percent by making subgrants under 
        section 723 to local educational agencies for the purposes of 
        carrying out section 723.
            ``(2) Use by state educational agency.--From the remainder 
        of those grant funds, a State educational agency may use 
        amounts to conduct activities under subsection (f) directly or 
        through grants or contracts.
    ``(f) Functions of the Office of the Coordinator.--The Coordinator 
for Education of Homeless Children and Youths established in each State 
shall--
            ``(1)(A) gather and make publicly available reliable, 
        valid, and comprehensive information--
                    ``(i) on the number of homeless children and youths 
                identified in the State;
                    ``(ii) on the nature and extent of the problems 
                homeless children and youths have in gaining access to 
                public preschool programs and to public elementary 
                schools and secondary schools;
                    ``(iii) on the difficulties in identifying the 
                special needs and barriers to participation and 
                achievement of such children and youths;
                    ``(iv) on any progress made by the State 
                educational agency and local educational agencies in 
                the State in addressing such problems and difficulties; 
                and
                    ``(v) describing subgrants awarded under this 
                subtitle, and the success of the programs under this 
                subtitle in identifying homeless children and youths 
                and allowing such children and youths to enroll in, 
                attend, and succeed in, school; and
            ``(B) ensure that a report indicating the numbers of 
        homeless children and youths identified by each local 
        educational agency in the State shall be posted annually on the 
        State educational agency's website;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect data for and transmit to the Secretary, at 
        such time and in such manner as the Secretary may require, 
        reports containing such information as the Secretary determines 
        is necessary to assess the educational needs of all homeless 
        children and youths within the State, including data requested 
        pursuant to subsection (h) of section 724;
            ``(4) in order to improve identification of homeless 
        children and youths and to improve the provision of 
        comprehensive education and related support services to 
        homeless children and youths and their families, and to 
        minimize educational disruption, coordinate activities, and 
        collaborate with--
                    ``(A) educators, including special education 
                personnel, child development and preschool program 
                personnel, truancy, attendance, and dropout prevention 
                personnel, and personnel from programs provided under 
                titles I, III, and IV of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6301 et seq., 6801 et 
                seq., and 7101 et seq.) and similar State programs;
                    ``(B) providers of services to homeless children 
                and youths and their families, including services of 
                public and private child welfare and social services 
                agencies, law enforcement agencies, juvenile and family 
                courts, agencies providing mental health services, 
                domestic violence agencies, child care providers, 
                runaway and homeless youth centers, and providers of 
                services and programs funded under the Runaway and 
                Homeless Youth Act (42 U.S.C. 5701 et seq.);
                    ``(C) providers of emergency, transitional, and 
                permanent housing to homeless children and youths, and 
                their families, including public housing agencies, 
                shelter operators, operators of transitional housing 
                facilities, and providers of transitional living 
                programs for homeless youths;
                    ``(D) local educational agency liaisons designated 
                under subsection (g)(1)(J)(ii) for homeless children 
                and youths;
                    ``(E) community organizations and groups 
                representing homeless children and youths and their 
                families;
                    ``(F) relevant State agencies and task forces, such 
                as State interagency councils on homelessness, State 
                agencies administering higher education programs and 
                councils for higher education, State housing agencies, 
                emergency and disaster response teams, State Head Start 
                collaboration offices, and State advisory panels and 
                State interagency coordinating councils convened under 
                parts B and C of the Individuals With Disabilities 
                Education Act (20 U.S.C. 1411 et seq., 1431 et seq.); 
                and
                    ``(G) the Coordinators for Education of Homeless 
                Children and Youths in other States, including adjacent 
                States;
            ``(5) provide professional development and technical 
        assistance to and conduct monitoring of local educational 
        agencies, in coordination with local educational agency 
        liaisons designated under subsection (g)(1)(J)(ii), to ensure 
        that local educational agencies comply with the requirements of 
        paragraphs (3) through (7) of subsection (g), and subsection 
        (h); and
            ``(6) respond to inquiries from parents and guardians of 
        homeless children and youths and unaccompanied youths to ensure 
        that each child or youth who is the subject of such an inquiry 
        receives the full protections and services provided by this 
        subtitle.
    ``(g) State Plan.--
            ``(1) In general.--Each State shall submit to the Secretary 
        and carry out a plan to provide for education and related 
        support services for all homeless children and youths within 
        the State. Such plan shall include the following:
                    ``(A) A description of how such children and youths 
                are (or will be) given the opportunity to meet the same 
                challenging State student academic achievement 
                standards as all students are expected to meet.
                    ``(B) A description of the procedures the State 
                educational agency will use, in coordination with local 
                educational agencies, to identify all such children and 
                youths in the State and to assess their special needs.
                    ``(C) A description of procedures for the prompt 
                resolution of disputes arising under this subtitle, 
                which shall--
                            ``(i) ensure that local educational 
                        agencies have developed dispute resolution 
                        procedures which, at a minimum--
                                    ``(I) are developed in coordination 
                                and collaboration with the liaisons 
                                designated under subparagraph (J)(ii);
                                    ``(II) are accessible to parents 
                                and guardians of homeless children and 
                                youths, and to unaccompanied youths;
                                    ``(III) provide such parents, 
                                guardians, and unaccompanied youths 
                                with sufficient opportunity to present 
                                their complaints; and
                                    ``(IV) designate decisionmakers who 
                                have received training on the 
                                requirements of this subtitle;
                            ``(ii) ensure that parents and guardians of 
                        homeless children and youths, and unaccompanied 
                        youths, who have exhausted the procedures 
                        available under clause (i) are able to appeal 
                        to the State educational agency, which shall 
                        render decisions that are binding on the 
                        relevant local educational agencies;
                            ``(iii) define the role of the Coordinator 
                        for Education of Homeless Children and Youths 
                        in resolving disputes under this subtitle 
                        appealed to the State educational agency;
                            ``(iv) include procedures to resolve 
                        promptly disputes under this subtitle between 
                        local educational agencies;
                            ``(v) ensure that homeless children and 
                        youths are enrolled in school pursuant to 
                        paragraph (3)(E) and receive transportation 
                        pursuant to subparagraph (J)(iii) pending final 
                        resolution of disputes, including resolution 
                        through all available local and State dispute 
                        resolution procedures and pending legal 
                        actions, paying particular attention to 
                        ensuring enrollment in cases of disputes 
                        between local educational agencies; and
                            ``(vi) include procedures for State 
                        educational agencies or local educational 
                        agencies to determine the need for, and ensure 
                        the delivery of, additional academic support in 
                        cases in which a local educational agency has 
                        unlawfully denied a student access to school or 
                        school services, including transportation.
                    ``(D) A description of programs for school and 
                other local educational agency personnel (including the 
                liaisons, principals, attendance officers, teachers, 
                enrollment personnel, and pupil services personnel) to 
                heighten the awareness of such personnel of the 
                specific needs of homeless adolescents, including 
                runaway and homeless youths.
                    ``(E) A description of procedures that ensure that 
                homeless children and youths are able to participate in 
                Federal, State, or local nutrition programs.
                    ``(F) A description of procedures that ensure 
                that--
                            ``(i) homeless children have access to 
                        public preschool programs, administered by the 
                        State educational agency or local educational 
                        agency, including through the policies and 
                        practices required under paragraph (7);
                            ``(ii) homeless youths, including youths 
                        separated from public schools, are identified 
                        and accorded access to appropriate secondary 
                        education and related support services, 
                        including through the implementation of 
                        policies and practices to ensure that such 
                        youths are--
                                    ``(I) able to receive credit for 
                                full or partial coursework 
                                satisfactorily completed while 
                                attending a prior school;
                                    ``(II) are afforded opportunities 
                                to recover credits lost during periods 
                                of homelessness; and
                                    ``(III) are not penalized for 
                                absences related to homelessness and 
                                are allowed to receive credit for work 
                                completed after their enrollment; and
                            ``(iii) homeless children and youths who 
                        meet the relevant eligibility criteria have 
                        access to magnet school, summer school, 
                        vocational and technical education, advanced 
                        placement, online learning opportunities, and 
                        charter school programs.
                    ``(G) Strategies to address problems identified in 
                the reports provided to the Secretary under subsection 
                (f)(3).
                    ``(H) Strategies to address other problems with 
                respect to the education of homeless children and 
                youths, including enrollment problems related to--
                            ``(i) immunization and other required 
                        health records and screenings;
                            ``(ii) residency requirements;
                            ``(iii) lack of birth certificates, school 
                        records, or other documentation;
                            ``(iv) guardianship issues; or
                            ``(v) uniform or dress code requirements.
                    ``(I) A demonstration that the State educational 
                agency, and local educational agencies and schools in 
                the State, regularly review and revise their policies 
                and practices to remove barriers to the identification, 
                enrollment, attendance, retention, and success of 
                homeless children and youths in schools and public 
                preschool programs in the State.
                    ``(J) Assurances that the following will be carried 
                out:
                            ``(i) Prevention of stigmas and 
                        segregation.--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) Liaison.--Local educational agencies 
                        will designate a staff person as the local 
                        educational agency liaison for homeless 
                        children and youths, who shall have sufficient 
                        training, resources, and time to carry out the 
                        duties described in paragraph (6), and who may 
                        also be a coordinator for other Federal 
                        programs.
                            ``(iii) Provision of transportation.--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 involved 
                        (or in the case of an unaccompanied youth, the 
                        liaison), to and from the school of origin (as 
                        defined in paragraph (3)(J)), for as long as 
                        the student has the right to attend the school 
                        of origin as determined in paragraph (3)(A), in 
                        accordance with the following, as applicable:
                                    ``(I) Within one local educational 
                                agency.--If the child or youth 
                                continues to live in the area served by 
                                the local educational agency for the 
                                school of origin, the child`s or 
                                youth's transportation to and from the 
                                school of origin shall be provided or 
                                arranged by the local educational 
                                agency for the school of origin.
                                    ``(II) Involving more than one 
                                local educational agency.--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 the child's or youth's 
                                education in the school of origin, 
                                begins living in an area served by 
                                another local educational agency, the 
                                local educational agency of origin and 
                                the local educational agency for the 
                                area in which the child or youth is 
                                living shall share equally the cost and 
                                responsibility for providing 
                                transportation to and from the school 
                                of origin unless the agencies agree 
                                upon another method to apportion cost 
                                and responsibility, or the State 
                                educational agency has devised another 
                                method to apportion cost and 
                                responsibility among local educational 
                                agencies.
                            ``(iv) School success.--The State 
                        educational agency and local educational 
                        agencies will adopt policies and practices to 
                        promote school success for homeless children 
                        and youths, including by--
                                    ``(I) ensuring that homeless 
                                children and youths have opportunities 
                                to meet the same challenging State 
                                student academic achievement standards 
                                to which other students are held;
                                    ``(II) ensuring that homeless 
                                children and youths are able to 
                                participate fully in all classes and 
                                school activities, including 
                                extracurricular activities, athletic 
                                activities for which they meet skill 
                                level requirements, before and after 
                                school programs, summer school 
                                programs, field trips, classes, tests, 
                                and activities with fees, services 
                                provided under title I of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 6301 et seq.) and 
                                similar State and local programs, and 
                                other activities made available to 
                                nonhomeless students; and
                                    ``(III) ensuring that such policies 
                                and practices remove barriers to 
                                participation related to fees, credit 
                                accrual policies, lack of guardianship, 
                                lack of transportation, enrollment and 
                                participation deadlines, and residency 
                                requirements.
            ``(2) 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 
                subtitle shall, according to the child's or youth's 
                best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin for the 
                        duration of homelessness--
                                    ``(I) in any case in which the 
                                child or youth becomes a homeless child 
                                or youth between academic years or 
                                during an academic year; and
                                    ``(II) for the remainder of the 
                                academic year, if the child or youth 
                                becomes permanently housed during an 
                                academic year; or
                            ``(ii) enroll the child or youth in any 
                        public school that nonhomeless students who 
                        live in the attendance area in which the child 
                        or youth is actually living are eligible to 
                        attend.
                    ``(B) School stability.--To promote the school 
                stability of the child or youth, and in determining the 
                best interest of the child or youth under subparagraph 
                (A), the local educational agency shall--
                            ``(i) presume that keeping the child or 
                        youth in the school of origin is in the child's 
                        or youth's best interest, except when doing so 
                        is contrary to the wishes of the child's or 
                        youth's parent or guardian, or the 
                        unaccompanied youth;
                            ``(ii) consider student-centered factors 
                        related to the child's or youth's best 
                        interest, giving priority to the wishes of the 
                        parent, guardian, or unaccompanied youth, 
                        including--
                                    ``(I) the harmful impact of school 
                                mobility on academic achievement and 
                                social and emotional well-being;
                                    ``(II) the age of the child or 
                                youth;
                                    ``(III) the impact any commute may 
                                have on the child's or youth's 
                                education;
                                    ``(IV) personal safety issues;
                                    ``(V) the child's or youth's need 
                                for special instruction, including 
                                special education and related services;
                                    ``(VI) the length of anticipated 
                                stay in a temporary shelter or other 
                                temporary location;
                                    ``(VII) the time remaining in the 
                                school year; and
                                    ``(VIII) the school placement of 
                                family members;
                            ``(iii) if, after conducting the best 
                        interest determination described in clause 
                        (ii), the local educational agency determines 
                        that it is not in the child's or youth's best 
                        interest to attend the school of origin or the 
                        school requested by the parent, guardian, or 
                        unaccompanied youth, provide the child's or 
                        youth's parent or guardian or the unaccompanied 
                        youth with a written explanation of the reasons 
                        for its determination, in a manner and form 
                        understandable to such parent, guardian, or 
                        youth, including information regarding the 
                        right to appeal described in subparagraph (E);
                            ``(iv) in the case of an unaccompanied 
                        youth, ensure that the liaison designated under 
                        paragraph (1)(J)(ii) assists in placement or 
                        enrollment decisions under this subparagraph, 
                        gives priority to the views of such 
                        unaccompanied youth, and provides notice to 
                        such youth of the right to appeal described in 
                        subparagraph (E); and
                            ``(v) provide transportation pursuant to 
                        paragraphs (1)(J)(iii) and (4).
                    ``(C) 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, 
                                records of immunizations and health 
                                screenings and other required health 
                                records, proof of residency or 
                                guardianship, or other documentation;
                                    ``(II) has unpaid fines or fees 
                                from prior schools or is unable to pay 
                                fees in the school selected; or
                                    ``(III) has missed application or 
                                enrollment deadlines during any period 
                                of homelessness.
                            ``(ii) Relevant academic records.--The 
                        enrolling school shall immediately contact the 
                        school last attended by the child or youth to 
                        obtain relevant academic and other records.
                            ``(iii) Relevant health records.--If the 
                        child or youth needs to obtain immunizations or 
                        health screenings, or immunization or other 
                        required health records, the enrolling school 
                        shall immediately enroll the child or youth and 
                        refer the parent or guardian of the child or 
                        youth, or the unaccompanied youth, to the local 
                        educational agency liaison designated under 
                        paragraph (1)(J)(ii), who shall assist in 
                        obtaining necessary immunizations or 
                        screenings, or immunization or other required 
                        health records in accordance with subparagraph 
                        (D).
                            ``(iv) 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 records of 
                        immunizations and health screenings and other 
                        required health records, academic records, 
                        birth certificates, guardianship records, and 
                        evaluations for special services or programs, 
                        regarding each homeless child or youth shall 
                        be--
                                    ``(I) maintained so that the 
                                records involved are available, in a 
                                timely fashion, when a homeless child 
                                or youth enters a new school or school 
                                district;
                                    ``(II) immediately sent to the 
                                enrolling school, even if the child or 
                                youth owes fees or fines or was not 
                                withdrawn from the previous school in 
                                conformance with local withdrawal 
                                procedures; and
                                    ``(III) maintained in a manner 
                                consistent with section 444 of the 
                                General Education Provisions Act (20 
                                U.S.C. 1232g).
                            ``(ii) Release.--School records needed for 
                        academic placement decisions shall be released 
                        immediately by the previous school by facsimile 
                        transmission 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 subtitle--
                            ``(i) the child or youth involved shall be 
                        immediately enrolled in the school in which 
                        enrollment is sought, pending final resolution 
                        of the dispute, including all available 
                        appeals;
                            ``(ii) the parent, guardian, or 
                        unaccompanied youth involved shall be provided 
                        with written explanations of any decisions made 
                        by the school, the local educational agency, or 
                        the State educational agency involved, which 
                        shall include information about the right to 
                        appeal such decisions;
                            ``(iii) the parent, guardian, or 
                        unaccompanied youth shall be referred to the 
                        local educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall carry out 
                        the dispute resolution process as described in 
                        paragraph (1)(C) as expeditiously as possible 
                        after receiving notice of such dispute; and
                            ``(iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that the youth 
                        is immediately enrolled in the school in which 
                        the youth seeks enrollment pending resolution 
                        of such dispute.
                    ``(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth involved lives with the homeless parents or 
                has been temporarily placed elsewhere.
                    ``(G) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational agency from 
                requiring a parent or guardian of a homeless child to 
                submit contact information.
                    ``(H) 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, 
                law enforcement personnel, or other persons or agencies 
                not authorized to have such information under section 
                99.31 of title 34, Code of Federal Regulations, paying 
                particular attention to preventing disruption of the 
                living situation of the child or youth and to 
                supporting the safety of such children and youths who 
                are survivors of domestic violence and unaccompanied 
                youths.
                    ``(I) 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 
                paragraph (1)(J)(iv).
                    ``(J) School of origin defined.--In this paragraph:
                            ``(i) In general.--The term `school of 
                        origin' means the school that a child or youth 
                        attended when permanently housed or the school 
                        in which the child or youth was last enrolled.
                            ``(ii) Receiving school.--When the child or 
                        youth completes the final grade level served by 
                        the school of origin, as described in clause 
                        (i), the term `school of origin' shall include 
                        the designated receiving school at the next 
                        grade level for all feeder schools.
            ``(4) Comparable services.--In addition to receiving 
        services provided for homeless children and youths under this 
        subtitle or other Federal, State, or local laws, regulations, 
        policies, or practices, each homeless child or youth to be 
        assisted under this subtitle also shall be provided services 
        comparable to services offered to other students in the school 
        selected under paragraph (3), including the following:
                    ``(A) Transportation services.
                    ``(B) Educational services for which the child or 
                youth meets the eligibility criteria, including 
                services provided under title I of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6301 et 
                seq.) or services of similar State or local programs, 
                charter schools, magnet schools, educational programs 
                for children with disabilities, and educational 
                programs for students with limited English proficiency.
                    ``(C) Programs in vocational and technical 
                education.
                    ``(D) Programs for gifted and talented students.
                    ``(E) School nutrition programs.
            ``(5) Coordination.--
                    ``(A) In general.--Each local educational agency 
                shall coordinate--
                            ``(i) the provision of services under this 
                        subtitle with the services of local social 
                        services agencies and other agencies or 
                        entities providing services to homeless 
                        children and youths and their families, 
                        including services and programs funded under 
                        the Runaway and Homeless Youth Act (42 U.S.C. 
                        5701 et seq.) or provided by other agencies 
                        serving unaccompanied youths, public and 
                        private child welfare agencies, Head Start 
                        centers and local entities administering State-
                        funded preschool programs, and agencies 
                        providing mental health services;
                            ``(ii) transportation, transfer of school 
                        records, and other interdistrict activities, 
                        with other local educational agencies;
                            ``(iii) the provision of services under 
                        this subtitle with the provision of other 
                        education programs, including programs provided 
                        under titles I, III, and IV of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6301 et seq., 6801 et seq., and 7101 et seq.) 
                        and similar State and local programs, programs 
                        in vocational and technical education, truancy 
                        and dropout prevention programs, before and 
                        after school programs, summer school programs, 
                        programs provided for students with 
                        disabilities, students with limited English 
                        proficiency, and gifted and talented students, 
                        and local educational agency transportation 
                        services; and
                            ``(iv) activities, planning, and 
                        initiatives with State and local agencies and 
                        organizations providing emergency, 
                        transitional, and permanent housing and other 
                        services to homeless families and unaccompanied 
                        youths, including developing and implementing 
                        strategies to minimize educational disruption 
                        for children and youths who become homeless.
                    ``(B) Coordination purpose.--The coordination 
                required under subparagraph (A) shall be designed to--
                            ``(i) ensure that all homeless children and 
                        youths are promptly identified;
                            ``(ii) ensure that homeless children and 
                        youths have access to and are in reasonable 
                        proximity to available education and related 
                        support services;
                            ``(iii) decrease school mobility and ensure 
                        that agencies placing homeless children and 
                        youth in housing and agencies providing housing 
                        and other services consider the proximity of 
                        housing and services to a child or youth's 
                        school of origin (as defined in paragraph 
                        (3)(J)); and
                            ``(iv) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in a shelter and other 
                        challenges associated with homelessness.
                    ``(C) Homeless children and youths with 
                disabilities.--
                            ``(i) In general.--For children and youth 
                        who are to be assisted both under this 
                        subtitle, and under the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1400 et 
                        seq.) or section 504 of the Rehabilitation Act 
                        of 1973 (29 U.S.C. 794), each local educational 
                        agency shall coordinate the provision of 
                        services under this subtitle with the provision 
                        of programs for children with disabilities 
                        served by that local educational agency and 
                        other involved local educational agencies.
                            ``(ii) Cost and responsibility for 
                        individuals with disabilities.--Such 
                        coordination shall include the following:
                                    ``(I) Transportation.--Each local 
                                educational agency shall adopt policies 
                                and practices to apportion the cost and 
                                responsibility for providing 
                                transportation to children and youths 
                                entitled to transportation services 
                                under both paragraph (1)(J)(iii) and 
                                the Individuals with Disabilities 
                                Education Act (20 U.S.C. 1400 et seq.) 
                                or section 504 of the Rehabilitation 
                                Act of 1973 (29 U.S.C. 794).
                                    ``(II) Public or private 
                                educational program.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), if a 
                                        local educational agency has 
                                        placed a child or youth in a 
                                        private educational program, or 
                                        in a public educational program 
                                        outside the area served by that 
                                        local educational agency, under 
                                        section 614(d)(1)(A) of the 
                                        Individuals with Disabilities 
                                        Education Act (20 U.S.C. 
                                        1414(d)(1)(A)), and though 
                                        moving to an area served by 
                                        another local educational 
                                        agency, the homeless child or 
                                        youth is to remain in that 
                                        educational program as the 
                                        child's or youth's school of 
                                        origin (as defined in paragraph 
                                        (3)(J)) under subparagraphs (A) 
                                        and (B) of paragraph (3), the 
                                        local educational agency that 
                                        made the placement shall 
                                        continue payments for the 
                                        placement.
                                            ``(bb) Exception.--Item 
                                        (aa) shall apply unless the 
                                        local educational agency that 
                                        made the placement and the 
                                        local educational agency in the 
                                        area where the student is 
                                        temporarily residing agree upon 
                                        another method to apportion the 
                                        cost, or the State educational 
                                        agency involved has devised 
                                        another method to apportion 
                                        cost and responsibility among 
                                        local educational agencies.
            ``(6) Local educational agency liaison.--
                    ``(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, designated 
                under paragraph (1)(J)(ii), shall ensure that--
                            ``(i) all homeless children and youths are 
                        identified by school personnel and through 
                        outreach and coordination activities with other 
                        entities and agencies, including through such 
                        measures as inquiries concerning housing status 
                        on school registration forms and on withdrawal 
                        or exit forms;
                            ``(ii) homeless children and youths are 
                        immediately enrolled in, and have a full and 
                        equal opportunity to succeed in, schools of 
                        that local educational agency;
                            ``(iii) homeless families, and homeless 
                        children and youths, have access to educational 
                        services for which such families, children, and 
                        youths are eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and Even Start programs, and 
                        preschool programs described in paragraph 
                        (7)(A);
                            ``(iv) homeless families, and homeless 
                        children and youths receive referrals to health 
                        care services, dental services, mental health 
                        and substance abuse services, housing services, 
                        and other appropriate services;
                            ``(v) 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;
                            ``(vi) public notice of the educational 
                        rights of homeless children and youths is 
                        incorporated into documents related to 
                        residency requirements or enrollment, provided 
                        upon school enrollment and withdrawal, posted 
                        on the local educational agency's website, and 
                        disseminated in locations frequented by parents 
                        or guardians of such children and youths, and 
                        unaccompanied youths, including schools, 
                        shelters, public libraries, and soup kitchens, 
                        in a manner and form understandable to parents 
                        and guardians of homeless children and youths 
                        and unaccompanied youths;
                            ``(vii) disputes are resolved in accordance 
                        with paragraph (3)(E);
                            ``(viii) 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);
                            ``(ix) school personnel are adequately 
                        prepared to implement this subtitle and receive 
                        professional development, resource materials, 
                        technical assistance, and other support; and
                            ``(x) unaccompanied youths--
                                    ``(I) are enrolled in school;
                                    ``(II) have opportunities to meet 
                                the same challenging State student 
                                academic achievement standards to which 
                                other students are held, including 
                                through implementation of the policies 
                                and practices required by subparagraphs 
                                (F)(ii) and (J)(iv) of paragraph (1); 
                                and
                                    ``(III) are informed of their 
                                status as independent students under 
                                section 480 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1087vv), including 
                                through school counselors that have 
                                received professional development about 
                                unaccompanied youth, and receive 
                                verification of such status for 
                                purposes of the Free Application for 
                                Federal Student Aid described in 
                                section 483 of such Act (20 U.S.C. 
                                1090).
                    ``(B) Notice.--State Coordinators appointed under 
                subsection (d)(3) and local educational agencies shall 
                inform school personnel, service providers, and 
                advocates working with homeless families and homeless 
                children and youths of the contact information and 
                duties of the local educational agency liaisons, 
                including publishing an annually updated list of the 
                liaisons on the State educational agency's website.
                    ``(C) Local and state coordination.--The local 
                educational agency liaisons shall, as a part of their 
                duties, coordinate and collaborate with the State 
                Coordinators and community and school personnel 
                responsible for the provision of education and related 
                support services to homeless children and youths. Such 
                coordination shall include collecting and providing to 
                the State Coordinator the reliable, valid, and 
                comprehensive data needed to meet the requirements of 
                paragraphs (1) and (3) of subsection (f).
                    ``(D) Professional development.--The local 
                educational agency liaisons shall participate in the 
                professional development and other technical assistance 
                activities provided by the State Coordinator pursuant 
                to subsection (f)(5).
            ``(7) School readiness for homeless children.--
                    ``(A) State and local educational agencies.--Each 
                State educational agency and local educational agency 
                shall ensure that entities carrying out preschool 
                programs funded, administered, or overseen by the 
                agency involved--
                            ``(i) comply with paragraphs (3) and (4), 
                        except that in the absence of contrary State 
                        law or policy, such entities shall not be 
                        required to enroll a homeless child immediately 
                        in a preschool program that is operating at 
                        full capacity when the child seeks to enroll;
                            ``(ii) identify and prioritize homeless 
                        children for enrollment and increase their 
                        enrollment and attendance in preschool 
                        programs, including through policies such as--
                                    ``(I) reserving spaces in preschool 
                                programs for homeless children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines;
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve the children and 
                                families; and
                                    ``(V) developing the capacity to 
                                serve all identified homeless children; 
                                and
                            ``(iii) review the educational and related 
                        needs of homeless children and their families 
                        in such agency's service area, in coordination 
                        with the liaison designated under paragraph 
                        (1)(J)(ii), and develop policies and practices 
                        to meet identified needs.
                    ``(B) 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, administers, or oversees such preschool 
                programs shall--
                            ``(i) develop, review, and revise its 
                        policies and practices to remove barriers to 
                        the identification, enrollment, attendance, 
                        retention, and success of homeless children for 
                        or in preschool programs funded, administered, 
                        or overseen by the agency;
                            ``(ii) ensure that the entities comply with 
                        the provisions of paragraph (3) and (4) except 
                        that such entities, with respect to such 
                        programs--
                                    ``(I) shall not be required to 
                                enroll a homeless child immediately in 
                                a preschool program that is operating 
                                at full capacity when the child seeks 
                                to enroll, in the absence of contrary 
                                State law or policy;
                                    ``(II) shall not be subject to the 
                                dispute resolution procedures of the 
                                State educational agency or local 
                                educational agencies, but shall ensure 
                                that all of the dispute resolution 
                                procedures available through such 
                                programs and the State agency that 
                                funds, administers, or oversees such 
                                programs are accessible to parents and 
                                guardians of homeless children and 
                                shall provide such parents and 
                                guardians with a written explanation of 
                                their dispute and appeal rights; and
                                    ``(III) shall not be subject to the 
                                transportation requirements of 
                                paragraphs (1)(J)(iii) or (3)(B)(v), 
                                but shall remove barriers to 
                                transportation services for homeless 
                                children and shall, to the maximum 
                                extent practicable, arrange or provide 
                                transportation for homeless children to 
                                attend preschool programs, including 
                                their preschool program of origin;
                            ``(iii) identify and prioritize homeless 
                        children for enrollment and increase their 
                        enrollment and attendance in preschool 
                        programs, including through policies such as--
                                    ``(I) reserving spaces in preschool 
                                programs for homeless children;
                                    ``(II) conducting targeted outreach 
                                to homeless children and their 
                                families;
                                    ``(III) waiving application 
                                deadlines;
                                    ``(IV) providing ongoing 
                                professional development for staff 
                                regarding the needs of homeless 
                                children and their families and 
                                strategies to serve the children and 
                                families; and
                                    ``(V) develop capacity to serve all 
                                identified homeless children; and
                            ``(iv) review the educational and related 
                        needs of homeless children and their families 
                        in the State, in coordination with the Office 
                        of the Coordinator for Education of Homeless 
                        Children and Youths established under 
                        subsection (d)(3), and develop policies and 
                        practices to meet identified needs.
    ``(h) Prohibition on Segregating Homeless Children and Youths.--
            ``(1) In general.--In providing a free appropriate public 
        education to a homeless child or youth, no State receiving 
        funds under this subtitle shall segregate such child or youth 
        in a separate school, or in a separate program within a school, 
        based on such child's or youth's status as homeless.
            ``(2) Transition from segregated schools in formerly 
        covered 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--
                    ``(A) coordinate activities with those segregated 
                schools and schools with segregated programs located in 
                formerly covered counties, to identify each homeless 
                child and youth enrolled in such schools and programs;
                    ``(B) for each homeless child and youth so 
                identified, determine if the child or youth has a 
                school of origin (as defined in subsection (g)(3)(J)) 
                and either--
                            ``(i) immediately enroll the child or youth 
                        in the school of origin if it is in the child's 
                        or youth's best interest in accordance with 
                        this subtitle and consistent with the wishes of 
                        the parent, guardian, or unaccompanied youth 
                        involved, and provide transportation to and 
                        from the school of origin; or
                            ``(ii) immediately enroll the child or 
                        youth in any nonsegregated public school if 
                        enrollment in the school of origin is not in 
                        the child's or youth's best interest in 
                        accordance with this subtitle or is against the 
                        wishes of the parent, guardian, or 
                        unaccompanied youth;
                    ``(C) provide the parent, guardian, or 
                unaccompanied youth with information about the dispute 
                resolution process available under this subtitle;
                    ``(D) ensure that each homeless child or youth 
                receives the full protections and services provided by 
                this subtitle; and
                    ``(E) implement other policies and practices 
                necessary to ensure a smooth, rapid, and complete 
                integration of the children and youths into the public 
                schools of the local educational agency.
            ``(3) Role of state educational agency in 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 paragraph (2) are met.
            ``(4) Transition period.--Not later than the end of the 
        academic year in which the Educational Success for Children and 
        Youth Without Homes Act of 2009 is enacted, the transition 
        referred to in paragraph (2) shall be complete.
    ``(i) No Diminishment of Power.--Nothing in this subtitle shall be 
construed to diminish the rights of parents or guardians of homeless 
children or youth, or unaccompanied youth, otherwise provided under 
State law, policy, or practice, including laws or policies that 
authorize the best interest determination in subsection (g)(3) to be 
made solely by the parent, guardian, or youth involved.

``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 to homeless children 
                and youths on school grounds, the school involved may 
                use funds under this subtitle to provide the same 
                services to other children and youths who are 
                determined by the local educational agency serving the 
                school to be at risk of failing in, or dropping out of, 
                school.
            ``(3) 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.
            ``(4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.
    ``(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 the local 
        educational agency (which may be undertaken as part of a needs 
        assessment for another disadvantaged group).
            ``(2) A description of the services and programs for which 
        assistance is sought to address the needs identified in 
        paragraph (1).
            ``(3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect to the 
        provision of free public education by such agency for the 
        fiscal year preceding the fiscal year for which the subgrant 
        determination is made, was not less than 90 percent of such 
        combined fiscal effort or aggregate expenditures for the second 
        fiscal year preceding the fiscal year for which the 
        determination is made.
            ``(4) An assurance that the applicant complies with, or 
        will use requested funds to comply with, paragraphs (3) through 
        (7) of section 722(g).
            ``(5) A description of policies and procedures that the 
        agency will implement to ensure that activities carried out by 
        the agency will not isolate or stigmatize homeless children and 
        youths.
            ``(6) An assurance that the local educational agency will 
        collect and promptly provide data requested by the State 
        Coordinator pursuant to paragraphs (1) and (3) of section 
        722(f).
            ``(7) A description of the policies and practices the local 
        educational agency has implemented to remove barriers to the 
        identification, enrollment, attendance, retention, and success 
        in school of all homeless children and youths.
    ``(c) Awards.--
            ``(1) In general.--The State educational agency shall, in 
        accordance with the requirements of this subtitle and from 
        amounts made available to it under section 722(a), make 
        subgrants on a competitive basis to local educational agencies 
        that submit applications under subsection (b). Such subgrants 
        shall be awarded on the basis of the need of such agencies for 
        assistance under this subtitle and the quality of the 
        applications submitted.
            ``(2) Need.--
                    ``(A) In general.--In determining need under 
                paragraph (1), the State educational agency may 
                consider the number of homeless children and youths 
                enrolled in preschool, elementary schools, and 
                secondary schools within the area served by the local 
                educational agency, and shall consider the needs of 
                such children and youths and the ability of the local 
                educational agency to meet such needs.
                    ``(B) Other considerations.--The State educational 
                agency may also consider the following:
                            ``(i) The extent to which the proposed use 
                        of funds will facilitate the identification, 
                        enrollment, attendance, retention, and 
                        educational success of homeless children and 
                        youths.
                            ``(ii) The extent to which the application 
                        reflects coordination with other local and 
                        State agencies that serve homeless children and 
                        youths.
                            ``(iii) The extent to which the applicant 
                        exhibits in the application and in current 
                        practice (as of the date of submission of the 
                        application) a commitment to education for all 
                        homeless children and youths.
                            ``(iv) Such other criteria as the State 
                        agency determines to be appropriate.
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider each of the following:
                    ``(A) The applicant's needs assessment under 
                subsection (b)(2) and the likelihood that the program 
                presented in the application will meet such needs.
                    ``(B) The types, intensity, and coordination of the 
                services to be provided under the program.
                    ``(C) The extent to which the applicant will 
                promote meaningful involvement of parents or guardians 
                of homeless children or youths in the education of 
                their children.
                    ``(D) The extent to which homeless children and 
                youths will be integrated into the regular education 
                program involved.
                    ``(E) The quality of the applicant's evaluation 
                plan for the program.
                    ``(F) The extent to which services provided under 
                this subtitle will be coordinated with other services 
                available to homeless children and youths and their 
                families, including housing and child welfare services 
                and services provided under the Individuals with 
                Disabilities Education Act (20 U.S.C. 1400 et seq.), 
                title I of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6301 et seq.), and similar State and 
                local programs.
                    ``(G) The extent to which the local educational 
                agency will use the subgrant to leverage resources, 
                including by maximizing nonsubgrant funding for the 
                position of the liaison described in section 
                722(g)(1)(J)(ii) and the provision of transportation.
                    ``(H) The local educational agency's use of funds 
                to serve homeless children and youths under section 
                1113(c)(3) of title I of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6313(c)(3)).
                    ``(I) The extent to which the applicant's program 
                meets such other measures as the State educational 
                agency considers to be indicative of a high-quality 
                program, including the extent to which the local 
                educational agency will provide services to 
                unaccompanied youth and preschool-aged children.
                    ``(J) The extent to which the application describes 
                how the applicant will meet the requirements of section 
                722(g)(3).
    ``(d) Authorized Activities.--A local educational agency may use 
funds awarded under this section for activities that carry out the 
purpose of this subtitle, including the following:
            ``(1) The provision of tutoring, supplemental instruction, 
        and enriched educational services that are linked to the 
        achievement of the same challenging State academic content 
        standards and challenging State student academic achievement 
        standards as the State establishes for other children and 
        youths.
            ``(2) The provision of expedited evaluations of the 
        strengths, needs, and eligibility of homeless children and 
        youths, including needs and eligibility for programs and 
        services (including educational programs for gifted and 
        talented students, children with disabilities, and students 
        with limited English proficiency, charter school programs, 
        magnet school programs, and programs in vocational and 
        technical education, and school nutrition programs).
            ``(3) Professional development and other activities for 
        educators and pupil services personnel that are designed to 
        heighten the understanding and sensitivity of such educators 
        and personnel to the needs of homeless children and youths, the 
        rights of such children and youths under this subtitle, and the 
        specific educational needs of runaway and homeless youths.
            ``(4) The provision of referral services to homeless 
        children and youths for medical, dental, mental, and other 
        health services.
            ``(5) The provision of assistance to defray the cost of 
        transportation under paragraphs (1)(J)(iii) and (4)(A) of 
        section 722(g), and transportation to preschool programs, not 
        otherwise provided through Federal, State, or local funding.
            ``(6) The provision of developmentally appropriate early 
        childhood development programs, not otherwise provided through 
        Federal, State, or local funding.
            ``(7) The provision of services and assistance to attract, 
        engage, and retain homeless children and youths, particularly 
        homeless children and youths who are not enrolled in school, in 
        public school programs and services provided to nonhomeless 
        children and youths.
            ``(8) The provision for homeless children and youths of 
        before- and after-school, mentoring, and summer programs in 
        which a teacher or other qualified individual provides 
        tutoring, homework assistance, and supervision of educational 
        activities.
            ``(9) If necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring records 
        necessary to facilitate the appropriate placement of homeless 
        children and youths in school or preschool programs, including 
        birth certificates, immunization or other required health 
        records, academic records, guardianship records, and 
        evaluations for special programs or services.
            ``(10) The provision of education and training to the 
        parents of homeless children and youths about the rights of, 
        and resources available to, such children and youths, and other 
        activities designed to increase the meaningful involvement of 
        parents or guardians of homeless children or youths in the 
        education of their children.
            ``(11) The development of coordination of activities 
        between schools and agencies providing services to homeless 
        children and youths, as described in section 722(g)(5).
            ``(12) The provision of pupil services (including 
        counseling) and referrals for such services.
            ``(13) Activities to address the particular needs of 
        homeless children and youths that may arise from domestic 
        violence and parental mental health or substance abuse 
        problems.
            ``(14) The adaptation of space and purchase of supplies for 
        any nonschool facilities made available under subsection (a)(2) 
        to provide services under this subsection.
            ``(15) The provision of school supplies, including supplies 
        to be distributed at shelters or temporary housing facilities, 
        or other appropriate locations.
            ``(16) The provision of assistance to defray the cost of 
        the position of liaison designated pursuant to section 
        722(g)(1)(J)(ii), not otherwise provided through Federal, 
        State, or local funding.
            ``(17) The provision of other extraordinary or emergency 
        assistance needed to enable homeless children and youths to 
        enroll, attend, and succeed in school or preschool programs.

``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 subtitle, 
and shall establish or designate a Federal Office of the Coordinator 
for Education of Homeless Children and Youths that has sufficient 
capacity, resources, and support to carry out the responsibilities 
described in this subtitle.
    ``(c) Notice.--
            ``(1) In general.--The Secretary shall, before the next 
        school year that begins after the date of enactment of the 
        Educational Success for Children and Youth Without Homes Act of 
        2009, develop and disseminate a public notice of the 
        educational rights of homeless children and youths. The notice 
        shall include information regarding the definition of homeless 
        children and youths in section 725.
            ``(2) Dissemination.--The Secretary shall disseminate the 
        notice nationally. The Secretary also shall disseminate such 
        notice to heads of other Department of Education offices, 
        including those responsible for special education programs, 
        higher education, and programs under parts A, B, C, D, G, and H 
        of title I, title III, title IV, and part B of title V of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
        et seq., 6361 et seq., 6391 et seq., 6421 et seq., 6531 et 
        seq., 6551 et seq., 6801 et seq., 7102 et seq., and 7221 et 
        seq.). The Secretary shall also disseminate such notice to 
        heads of other Federal agencies, and grant recipients and other 
        entities carrying out federally funded programs, including Head 
        Start program grantees, grant recipients under the Health Care 
        for the Homeless program of the Health Resources and Services 
        Administration of the Department of Health and Human Services, 
        grant recipients under the Emergency Food and Shelter National 
        Board Program of the Federal Emergency Management Agency, grant 
        recipients under the Runaway and Homeless Youth Act (42 U.S.C. 
        5701 et seq.), grant recipients under the John H. Chafee Foster 
        Care Independence program, grant recipients under homeless 
        assistance programs administered by the Department of Housing 
        and Urban Development, and recipients of Federal funding for 
        programs carried out by the Administration on Children, Youth 
        and Families of the Department of Health and Human Services.
    ``(d) Evaluation and Dissemination.--
            ``(1) In general.--The Secretary shall conduct evaluation, 
        dissemination, and technical assistance activities for programs 
        that are designed to meet the educational needs of homeless 
        preschool, elementary school, and secondary school students, 
        and may use funds appropriated under section 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.
            ``(2) Priorities.--The Secretary, in awarding such grant, 
        or entering into such contract or cooperative agreement, may, 
        without regard to the rulemaking procedures under section 553 
        of title 5, United States Code, limit competitions to, or 
        otherwise give priority to, entities with--
                    ``(A) demonstrated experience in dissemination and 
                technical assistance activities, including using the 
                Internet and other state-of-the-art technology for 
                efficient and cost-effective dissemination of 
                information and technical assistance;
                    ``(B) demonstrated experience in the areas of 
                homelessness, serving at-risk youth, and education; and
                    ``(C) established networks, and a history of 
                collaboration, among State educational agencies, local 
                educational agencies, and national organizations that 
                provide services to homeless children and youths, and 
                homeless families.
    ``(e) Submission and Distribution.--The Secretary shall require 
applications for grants under section 722 to be submitted to the 
Secretary not later than the expiration of the 120-day period beginning 
on the date that funds are available for purposes of making such grants 
and shall make such grants not later than the expiration of the 180-day 
period beginning on such date.
    ``(f) Determination by 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 or 
youth has access to a free appropriate public education, as described 
in section 721(1). The Secretary shall provide support and technical 
assistance to State educational agencies in areas in which barriers to 
a free appropriate public education persist.
    ``(g) Publication.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 90 days after the date of 
enactment of the Educational Success for Children and Youth Without 
Homes Act of 2009, a summary of the changes enacted by that Act and 
related strategies, which summary shall include--
            ``(1) strategies by which a State can assist local 
        educational agencies to implement the provisions amended by the 
        Act;
            ``(2) strategies by which a State can review and revise 
        State policies and procedures that may present barriers to the 
        identification, enrollment, attendance, and success of homeless 
        children and youths in school; and
            ``(3) strategies by which entities carrying out preschool 
        programs can implement requirements of section 722(g)(7).
    ``(h) 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 2 years, collect and disseminate publicly 
        data and information regarding--
                    ``(A) the number of homeless children and youths in 
                all areas served by local educational agencies, 
                including homeless children enrolled in preschool 
                programs described in section 722(g)(7)(A) and the type 
                of living situation in which such children and youth 
                are living when identified;
                    ``(B) the education and related support services 
                such children and youths receive;
                    ``(C) the extent to which the needs of homeless 
                children and youths are being met;
                    ``(D) the academic progress being made by homeless 
                children and youths, including the percent or number of 
                homeless children and youths participating in State 
                assessments; and
                    ``(E) such other data and information as the 
                Secretary determines to be necessary and relevant to 
                carry out this subtitle.
            ``(2) Coordination.--The Secretary shall coordinate such 
        collection and dissemination with other agencies and entities 
        that receive assistance and administer programs under this 
        subtitle.
    ``(i) Report.--Not later than 4 years after the date of enactment 
of the Educational Success for Children and Youth Without Homes Act of 
2009, the Secretary shall prepare and submit to the President and the 
Committee on Education and Labor of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the Senate a 
report on the status of the provision of education and related support 
services to homeless children and youths, which shall include 
information on--
            ``(1) the education of homeless children and youths; and
            ``(2) the actions of the Secretary and the effectiveness of 
        the programs supported under this subtitle.

``SEC. 725. DEFINITIONS.

    ``In this subtitle:
            ``(1) Enroll; enrollment.--The terms `enroll' and 
        `enrollment' include attending classes and participating fully 
        in school activities.
            ``(2) Formerly covered counties.--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) Homeless children and youths.--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--
                                    ``(I) are sharing the housing of 
                                other persons due to loss of housing, 
                                economic hardship, or a similar reason;
                                    ``(II) are living in motels, 
                                hotels, trailer parks, or camping 
                                grounds due to the lack of alternative 
                                adequate accommodations;
                                    ``(III) are living in emergency or 
                                transitional shelters;
                                    ``(IV) are abandoned in hospitals; 
                                or
                                    ``(V) are awaiting foster care 
                                placement;
                            ``(ii) children and youths who have a 
                        primary nighttime residence that is a public or 
                        private place not designed for or ordinarily 
                        used as a regular sleeping accommodation for 
                        human beings (within the meaning of section 
                        103(a)(2)(C));
                            ``(iii) children and youths who are living 
                        in cars, parks, public spaces, abandoned 
                        buildings, substandard housing, bus or train 
                        stations, or similar settings; and
                            ``(iv) migratory children (as such term is 
                        defined in section 1309 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        6399)) who qualify as homeless for the purposes 
                        of this subtitle because the children are 
                        living in circumstances described in clauses 
                        (i) through (iii).
            ``(4) Include; including.--The terms `include' and 
        `including' mean that the items named are not all of the 
        possible items that are covered, whether like or unlike the 
        items named.
            ``(5) Local educational agency; state educational agency.--
        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 (20 U.S.C. 
        7801).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(7) State.--The term `State' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            ``(8) Unaccompanied youth.--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 subtitle, there are 
authorized to be appropriated to the Secretary $300,000,000 for fiscal 
year 2010 and such sums as may be necessary for each of fiscal years 
2011 through 2016.''.

SEC. 3. CONFORMING AMENDMENTS.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended--
            (1) in section 1111 (20 U.S.C. 6311)--
                    (A) in subsection (b)(2), by adding at the end the 
                following:
                    ``(L) Accountability for homeless children and 
                youths.--The accountability provisions under this Act 
                shall ensure that homeless children and youths (as 
                defined in section 725(3) of the McKinney-Vento 
                Homeless Assistance Act), are included in academic 
                assessment, reporting, and accountability systems, 
                consistent with paragraph (3)(C)(xi). Notwithstanding 
                the requirements of subsection (i), the State is not 
                required to disaggregate the assessment results of 
                homeless children and youths as a separate category 
                under subparagraph (C)(v).''; and
                    (B) in subsection (c)--
                            (i) in paragraph (13), by striking ``and'' 
                        after the semicolon;
                            (ii) in paragraph (14), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(15) the State will ensure that the requirements of 
        subtitle B of title VII of the McKinney-Vento Homeless 
        Assistance Act are satisfied.'';
            (2) in section 1112 (20 U.S.C. 6312)--
                    (A) by striking subsection (b)(1)(O) and inserting 
                the following:
                    ``(O) a description of--
                            ``(i) how the local educational agency will 
                        ensure the enrollment, attendance, and success 
                        of homeless children and youths;
                            ``(ii) the services the local educational 
                        agency will provide homeless children and 
                        youths, including services provided with funds 
                        reserved under section 1113(c)(3);
                            ``(iii) the amount of funds reserved under 
                        section 1113(c)(3);
                            ``(iv) the needs assessment conducted to 
                        determine the amount of funds reserved under 
                        section 1113(c)(3);
                            ``(v) how the amount of funds reserved 
                        under section 1113(c)(3) was determined and the 
                        amount of funds' relation to the needs 
                        assessment;
                            ``(vi) the collaborative role of the 
                        liaison designated pursuant to section 
                        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                        Assistance Act in determining the amount of 
                        funds reserved and the services provided; and
                            ``(vii) the services the local educational 
                        agency provided homeless children and youths in 
                        the previous academic year, including services 
                        provided with funds reserved under section 
                        1113(c)(3), an explanation of any discrepancy 
                        between the anticipated and actual use of 
                        funds, and an explanation of any unspent 
                        reserved funds;''; and
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (N), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (O), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(P) comply with the requirements of subtitle B of 
                title VII of the McKinney-Vento Homeless Assistance Act 
                that relate to the local educational agency.'';
            (3) by striking section 1113(c)(3) (20 U.S.C. 6313(c)(3)) 
        and inserting the following:
            ``(3) Reservation.--
                    ``(A) In general.--
                            ``(i) Funds for homeless children and 
                        youths.--A local educational agency shall 
                        reserve funds under this part to assist 
                        homeless children and youths who are attending 
                        schools receiving assistance under section 1114 
                        or 1115, or schools not receiving assistance 
                        under this part, in satisfying the State's 
                        academic achievement standards.
                            ``(ii) Homeless children and youths.--In 
                        this paragraph, the term `homeless children and 
                        youths' has the meaning given the term in 
                        section 725(3) of the McKinney-Vento Homeless 
                        Assistance Act.
                    ``(B) Use of funds.--Notwithstanding the 
                requirements of subsections (b) and (c) of section 
                1120A, funds reserved under subparagraph (A) may be 
                used to provide homeless children and youths with 
                services not ordinarily provided to other students 
                under this part, including--
                            ``(i) providing funding for the liaison 
                        designated pursuant to section 722(g)(1)(J)(ii) 
                        of the McKinney-Vento Homeless Assistance Act;
                            ``(ii) providing transportation pursuant to 
                        section 722(g)(1)(J)(iii) of such Act;
                            ``(iii) providing services to preschool-
                        aged homeless children and homeless secondary 
                        school students;
                            ``(iv) providing support services to 
                        homeless children and youths in shelters and 
                        other locations where they may live; and
                            ``(v) removing barriers to homeless 
                        children and youths' enrollment, attendance, 
                        retention, and success in school.
                    ``(C) Amount reserved.--The amount of funds 
                reserved under subparagraph (A) shall be determined 
                collaboratively with the liaison designated pursuant to 
                section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                Assistance Act and based upon an assessment of the 
                needs of homeless children and youths in the local 
                educational agency, including consideration of the 
                following:
                            ``(i) The percentage of students determined 
                        by the local educational agency to be from a 
                        low-income family using the measures described 
                        in subsection (a)(5).
                            ``(ii) Available data related to child, 
                        youth, and family homelessness in the local 
                        educational agency, including data reported to 
                        the Department of Housing and Urban 
                        Development, data reported to the Department of 
                        Health and Human Services under the Runaway and 
                        Homeless Youth Act (42 U.S.C. 5701 et seq.), 
                        and data reported by Head Start, Early Head 
                        Start, and other preschool programs in the 
                        local educational agency.
                            ``(iii) Information related to child, 
                        youth, and family homelessness in the local 
                        educational agency obtained through the 
                        coordination and collaboration required under 
                        subsections (f)(4) and (g)(5) of section 722 of 
                        the McKinney-Vento Homeless Assistance Act.
                            ``(iv) The number of homeless children and 
                        youths reported by the local educational agency 
                        to the State educational agency under section 
                        722(f)(3) of the McKinney-Vento Homeless 
                        Assistance Act for the previous school year.
                            ``(v) Gaps in identification of homeless 
                        children and youths in the local educational 
                        agency, as described by the liaison designated 
                        pursuant to section 722(g)(1)(J)(ii) of the 
                        McKinney-Vento Homeless Assistance Act.
                            ``(vi) Transportation and other needs of 
                        homeless children and youths, as described by 
                        the liaison designated pursuant to section 
                        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                        Assistance Act.
                            ``(vii) Strategies to improve or maintain 
                        academic achievement and high school graduation 
                        rates for homeless children and youths in the 
                        local educational agency.
                    ``(D) Integration.--The services provided to 
                homeless children and youths shall, to the maximum 
                extent practicable, integrate homeless children and 
                youths with non-homeless children and youths.
                    ``(E) 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 the McKinney-Vento Homeless Assistance Act'' 
        before ``that is based on information'';
            (5) by striking section 1115(b)(2)(E) (20 U.S.C. 
        6315(b)(2)(E)) and inserting the following:
                    ``(E) Homeless children and youths.--A child or 
                youth who is homeless, as defined in section 725(3) of 
                the McKinney-Vento Homeless Assistance Act, and 
                attending any school served by the local educational 
                agency is eligible for services under this part.'';
            (6) in section 1118(a)(2)(E) (20 U.S.C. 6318(a)(2)(E)), by 
        inserting ``are homeless,'' before ``are disabled'';
            (7) in section 1118(f) (20 U.S.C. 6318(f)), by inserting 
        ``parents of homeless children,'' before ``and parents of 
        migratory children'';
            (8) by striking section 1821(1) (20 U.S.C. 6561(1)) and 
        inserting the following:
            ``(1) Low-income student.--The term `low-income student' 
        means a student who is determined by a local educational agency 
        to be from a low-income family using the measures described in 
        section 1113(a)(5), or a student who is a homeless child or 
        youth, as defined in section 725(3) of the McKinney-Vento 
        Homeless Assistance Act.'';
            (9) in section 1822(b)(1) (20 U.S.C. 6561a(b)(1))--
                    (A) by amending subparagraph (H) to read as 
                follows:
                    ``(H) counseling and mentoring for at-risk 
                students, including students who are homeless children 
                and youths, as defined in section 725(3) of the 
                McKinney-Vento Homeless Assistance Act;'';
                    (B) in subparagraph (I), by striking ``and'' after 
                the semicolon;
                    (C) in subparagraph (J), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(K) outreach activities to locate and identify 
                at-risk students, including homeless children and 
                youths, as defined in section 725(3) of the McKinney-
                Vento Homeless Assistance Act.'';
            (10) in section 1823(b)(1) (20 U.S.C. 6561b(b)(1))--
                    (A) in subparagraph (F), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (G), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(H) describe how the strategies and activities 
                will include outreach and services to homeless children 
                and youths, as defined in section 725(3) of the 
                McKinney-Vento Homeless Assistance Act.'';
            (11) in section 1825(1) (20 U.S.C. 6561d(1))--
                    (A) in subparagraph (A), by inserting ``, including 
                homeless children and youths, as defined in section 
                725(3) of the McKinney-Vento Homeless Assistance Act'' 
                after ``at-risk students''; and
                    (B) in subparagraph (B), by inserting ``, homeless 
                children and youths (as defined in section 725(3) of 
                the McKinney-Vento Homeless Assistance Act),'' after 
                ``racial and ethnic minorities'';
            (12) in section 4203(a) (20 U.S.C. 7173(a))--
                    (A) in paragraph (10), by inserting ``, including 
                homeless children and youths (as defined in section 
                725(3) of the McKinney-Vento Homeless Assistance 
                Act),'' after ``participating students'';
                    (B) in paragraph (13)(B), by striking ``and'' after 
                the semicolon;
                    (C) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(15) contains an assurance that the State educational 
        agency will require eligible entities to describe in the 
        entities' applications under section 4204(b) how such entities 
        will ensure the participation, attendance, and success of 
        eligible homeless children and youths (as defined in section 
        725(3) of the McKinney-Vento Homeless Assistance Act), paying 
        particular attention to the needs of unaccompanied youths.''; 
        and
            (13) in section 5203(b)(3)(L) (20 U.S.C. 7221b(b)(3)(L)), 
        by inserting before the semicolon at the end the following: ``, 
        and the local educational agency requirements under subtitle B 
        of title VII of the McKinney-Vento Homeless Assistance Act''.
                                 <all>